The court considered the minor son's needs and the petitioner's financial capacity in upholding the award of interim maintenance.

JUDGMENT

1. Instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner-husband against the order dated 30.08.2018 passed by the Judge, Family Court No. 1, Jodhpur whereby the learned Judge directed the petitioner-husband to pay a sum of Rs. 18,000/- per month (Rs. 10,000/- for wife and Rs. 8,000/- for son) to the respondents as interim maintenance.

2. Counsel for the petitioner-husband submits that the amount of interim maintenance awarded by the Family Court is on higher side as the petitioner is not in a position to pay the said amount of interim maintenance to the respondents, therefore the same may be reduced.

3. Counsel for the respondents submits that looking to the fact that the respondent No. 3 is minor son, the interim maintenance awarded by the Family Court appears to be just and proper and prayed for dismissal of the misc. petition.

4. Heard the learned counsel for the parties and perused the order impugned as also other material available no record.

5. From the perusal of the order impugned, it is apparent that the learned Family Court after taking into consideration all the material available before it, has rightly awarded interim maintenance of Rs. 18,000/- per month in favour of the respondents. Thus, the order impugned does not warrant any interference from this Court. The Family Court has only awarded interim maintenance to the respondents. The main case under the Domestic Violence Act is still pending before the Family Court.

6. Therefore, the trial court is directed to decide the main case pending before it within a period of six months from the date of presentation of a certified copy of this order.

7. The misc. petition is decided accordingly. The copy of this order be sent to the trial court immediately.