AKHIL SARDA Vs. RAJMANI SARDA

JUDGEMENT

(1.) Instant misc. petition has been filed by the petitioner against the order 30.08.2019 passed by learned Judge, Family Court No.2, Bikaner in Criminal Misc Case No. 398/2018 whereby, the learned Judge while allowing the application for interim maintenance ordered the petitioner to pay Rs. 10,000/- per month for respondents no.1 and Rs.20,000/- per month each for respondent no.2 and 3 thus, in total Rs.50,000/- per month. Apart from this, the learned Family Court directed the petitioner to pay a sum of Rs.5,00,000/- as subsistence allowance for the period 20.02.2018 to 31.07.2019.

(2.) Learned counsel for the petitioner argued that the learned trial court has failed to appreciate as to whether wife is unable to maintain herself and husband has sufficient means of income. It is argued that petitioner is having monthly income of Rs. 12,500/-only which is evident from the income tax return filed by him. On the contrary, respondent no.1 is working and drawing handsome salary and she is also receiving monthly rent @ Rs.18000/- from her flat in Noida, but documents filed by the petitioner have not at all been considered by the Family Court while allowing the application for interim maintenance and therefore, the amount of maintenance awarded to the respondents is not justified and hence, the order impugned is liable to be quashed and set aside.

(3.) On the contrary, counsel for the respondent argued that the court below has awarded interim maintenance in favour of respondents after considering all the documents and in the light of provisions of Cr.P.C and there is no illegality in the impugned order.