Kashi Ram vs State Of Rajasthan And Others

Manoj Kumar Garg, J

Instant criminal misc. petition has been filed by the petitioner-husband against the order dated 24.11.2023, passed by the learned Additional Sessions Judge, Kapasan, District Chittorgarh in criminal revision petition No.83/2023 by which the learned Judge has dismissed the order dated 20.04.2023, passed by Judicial Magistrate, Kapasan in criminal case No.196/2021 filed under Section 125 of Cr.P.C. whereby interim maintenance of Rs.5,000/- per month has been granted in favour of respondents Nos.2 & 3.

Counsel for the petitioner submits that the learned Judicial Magistrate, Kapasan without appreciating the material available on record and without assigning any cogent reason has awarded interim maintenance in favour of each claimants. Counsel submits that the interim maintenance as awarded by the Judicial Magistrate, Kapasan is on higher side as the petitioner is not having enough income.

Heard the learned counsel for the petitioner as well as counsel for the respondents and perused the impugned order passed by the court below.

The impugned order passed by the learned Judicial Magistrate, Kapasan is an interim order. The final order on the application is yet to be passed by the court below. The learned court below after taking into consideration all the material available before it, has rightly awarded interim maintenance of Rs.5,000/- per month to the respondents No.2 & No.3. The order impugned do not suffer from any illegality and perversity, hence, no interference is called for from this Court.

The misc. petition stands dismissed accordingly. However, the court below is directed to decide the main application after taking into consideration all the documents and material aspect of the matter as well as statements so recorded before it, within a period of one year from the date of receipt of certified copy of this order.

Stay petition is also decided accordingly.