HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Revision Petition No. 689/2019

• 1. Harshita W/o Sh. Bajrang Singh Amrawat, Aged About 37 Years, D/o Prem Singh Aadha
• 2. Manvardhani D/o Bajrang Singh, Aged About 14 Years,
• 3. Tejaswani D/o Bajrang Singh, Aged About 7 Years, Both Petitioner No.2 And 3 Minor Through Their Natural Guardian Mother Harshita W/o Bajrang Singh B/c Charan All Petitioner No.1 To 3 R/o House No.130B, Golf Course, Airforce, Jodhpur

----Petitioners

Versus

Bajrang Singh, S/o Lt. Idaan Singh B/c Charan, R/o Mehra Joto Ka Baas, Marwar Mathania, District Jodhpur, Ps Mathania

----Respondent

For Petitioner(s) : Dr. R.D.S.S Kharlia For Respondent(s) : Mr. Suresh Charan

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

13/01/2020

Instant criminal revision petition under Section 397/401 Cr.P.C. has been filed by the petitioners against the orders dated 20.08.2018 & 30.04.2019 passed by the learned Metropolitan Magistrate No.5, Jodhpur Metropolitan & learned Addl. Sessions Judge (Women Atrocity Cases), Jodhpur Metropolitan, Jodhpur whereby the both the learned Judge has did not consider the appeal of the petitioners and the amount of interim maintenance of Rs.12,000/- (Rs.4,000/- each) has been awarded.

Counsel for the petitioners submits that the learned appellate

Courts without appreciating the material available on record and without assigning any cogent reason has awarded the interim maintenance. Counsel for the petitioners submits that the respondent-husband is having agriculture land and his income

from agriculture land is about Rs.6,00,000/- per annum yet the learned appellate Court has awarded the interim maintenance which is on the lower side and same is liable to be enhanced.

Heard the learned counsel for the petitioners and perused the impugned order passed by the court below.

The impugned order passed by the learned Addl. Sessions Judge (Women Atrocity Cases), Jodhpur 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 the interim maintenance of Rs.12,000/- per month in favour of the petitioners. The order impugned do not suffer from any illegality and perversity, hence, no interference is called for from this Court.

The criminal revision petition stands disposed of accordingly. 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 six months from the date of receipt of certified copy of this order.

(MANOJ KUMAR GARG),J

80-Ishan/-