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2021 Supreme(Raj) 458

MANOJ KUMAR GARG
Nisha @ Arpita – Appellant
Versus
Deepak Goyal – Respondent


Advocates appeared:
Rakesh Matoria, Advocate, Mukesh Trivedi, Advocate, Sikander Khan, Advocate

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 impugn

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