PIYUSH KANT SHARMA Vs. PRAGTI SHARMA

JUDGEMENT

(1.) At the outset, learned counsel for applicant seeks withdrawal of I.A. No.13703/09. Application is dismissed as withdrawn. With the consent of counsel for applicant, matter is finally heard. Applicant has filed this revision under Section 397/401 Cr.P.C. to set aside the order dated 29.7.09 passed by the Additional Principal Judge, Family Court, Gwalior in case No. 249/09 by which applicant is directed to pay Rs. 5,000 as interim maintenance to respondent No.1 and Rs. 1,500 to respondent No. 2.

(2.) Short facts of the case are respondents No.1 and 2 filed one application under Section 125 Cr.P.C. before Family Court Gwalior and in that case, order for interim maintenance has been passed on 29.7.09 directing applicant to pay interim maintenance to respondents as stated above. Copy of the order is Annexure P1. Copy of interim application is Annexure P2. Copy of application filed by respondent No. 1 under Section 125 Cr.P.C. is Annexure P3.

(3.) It is contended that impugned order is illegal as under Section 125 Cr.P.C. maximum maintenance can be awarded upto sum of Rs. 3,000. Therefore, impugned order is liable to be set aside.