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IN THE HIGH COURT OF RAJASTHAN
Manoj Kumar Garg, J.
Smt Nisha @ Arpita - Appellant
Versus
Deepak Goyal - Respondent
Criminal Miscellaneous (Petition) No. 1225 of 2021, 368 of 2021
Decided on : 06-04-2021
Interim Maintenance - Family Law - The court upheld the award of interim maintenance to the minor son through his mother, considering the material available before it and directed the lower court to decide the main case within six months.
Fact of the Case:
The petition was filed against the order of the Family Court, which awarded interim maintenance to the minor son through his mother.
Finding of the Court:
The court found that the Family Court had rightly awarded interim maintenance to the minor son and directed the lower court to decide the main case within six months.
Issues: Interim maintenance, Allegations of illegality, Reduction of maintenance amount
Ratio Decidendi: The court upheld the interim maintenance award based on the material available and directed the lower court to expedite the decision on the main case.
Final Decision: The criminal misc. petitions were disposed of, and the stay petition was also disposed of. The lower court was directed to decide the main case within six months.
JUDGMENT
Manoj Kumar Garg, J. - The instant criminal misc. petitions under Section 482 Cr.P.C. have been filed against the order dated 16.12.2020 passed by the learned Judge, Family Court, Bhilwara in Criminal Misc. Case No.169/2018 whereby the learned Judge allowed the application under Section 125 Cr.P.C. filed on behalf of Smt.Nisha @ Arpita and her minor son Daksh Goyal. The husband of Smt.Nisha, namely, Deepak Goyal was directed to pay a sum of Rs.6,000/- per month to minor son Daksh through his mother Smt.Nisha @ Arpita as interim maintenance.
2. Learned counsel appearing for Deepak Goyal submits that Smt. Nisha @ Arpita did not produce any document to substantiate her allegations. The court below has committed illegality in allowing the application filed on behalf of Smt. Nisha & Daksh. Further, the amount of interim maintenance awarded by the Family Court is on higher side as the husband is not in a position to pay the said amount of interim maintenance to her wife and minor son, therefore the same may be reduced.
3. I have heard the learned counsel for the parties and perused the order impugned as also other material available on record.
4. 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.6,000/- per month in favour of the minor son Daksh through his mother Smt. Nisha. Thus, the order impugned does not warrant any interference from this Court.
5. However, since the Family Court has only awarded interim maintenance to the minor son and the main case is still pending before it, therefore, the court below is directed to decide the main case after considering all the documents filed by the parties within a period of six months from today without being prejudiced by the order of this Court.
6. The criminal misc. petitions are disposed of accordingly. Stay petition filed in Crlmp No.368/2021 also stands disposed of.
7. The copy of this order be sent to the trial court immediately.
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