MEHTAB S.GILL, J. - (1.) LEARNED counsel for the petitioner states that interim maintenance awarded by the learned trial Court is not just and against law. He has argued that as per Section 125 Cr.PC, there is no provision for awarding interim maintenance.
(2.) LEARNED counsel for the respondents has placed reliance upon a judgment of the Hon'ble Supreme Court in Smt.Savitri v. Govind Singh Rawat, AIR 1986 Supreme Court 984 wherein the Supreme Court held that "having regard to the nature of the jurisdiction exercised by a Magistrate under S.125, the said provision should be interpreted as conferring power by necessary implication on the Magistrate to pass an order directing a RIMINAL MISC.NO.53072-M OF 2004 -2- person against whom an application is made under it to pay a reasonable sum by way of interim maintenance subject to the other conditions referred to pending final disposal of the application." As per judgment (supra), I do not find any infirmity in the impugned order. Dismissed.;