- (1.)This revision petition under Section 397/401 of Cr.P.C. has been preferred by the petitioner being aggrieved by the order dated 28.06.2019, in MJC No. 400/2017, passed by Principal Judge, Family Court Bhopal whereby the learned Principal Judge directed the petitioner to pay the interim maintenance of Rs. 6250/- per month to the respondent No. 1 and Rs. 3500/- to respondent No.2. from the date of filing the application.
(2.)Learned counsel for the petitioner submits that the order passed by the learned Family Court is bad in law and deserves to be set aside. He submits that without going through the evidence, the Family Court has decided the monthly income of the petitioner in higher side. He further submits that the learned Family Court has over looked the fact that the application filed on 12.05.2017 whereas the petitioner appeared on 21.02.2019 after issuing of notices, moreover the interim application was decided on 28.06.2019, therefore, the order giving the interim maintenance from the date of application is not justifiable. The learned Family Court has also not considered the fact that the petitioner got a his job from compassionate appointment and he has burden of his entire family. He further submits that his siblings are dependent in his income as they are studying. The petitioner is also bearing expenses of medical treatment of his old mother. Apart from that the respondent No. 1 is earning 15,000/- per monthly by doing a job in a company. Therefore, the order of interim maintenance passed by learned Family Court may be quashed.
(3.)Learned counsel for the respondents opposes the petition and submits that the learned Family Court has rightly considered each and every fact of the case and passed a reasoned order. He further submits that the petitioner is earning of Rs. 60,000/- per month whereas the respondent No.1 has no employment and depends on her parents. The respondent No.2 is studying and her education expenses are being borne by parents of Respondent No.1. with the aforesaid, he prays for dismissal of this revision petition. Heard perused the case.