The court's decision on interim maintenance was based on the material available before it and the fact that the interim order did not suffer from any illegality or perversity.

JUDGMENT

Manoj Kumar Garg, J. - Instant criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been filed by the petitioner-husband against the order dated 19.01.2021 passed by the learned Judge, Family Court, Sirohi, whereby the learned Family Court allowed the application under Section 125 Cr.P.C. and directed the petitioner to pay Rs.4,500/- per month to the respondent as interim maintenance.

2. Counsel for the petitioner submits that the learned Family Court without appreciating the material available on record and without assigning any cogent reason has awarded interim maintenance in favour of the respondents. Counsel submits that the interim maintenance as awarded by the trial Court is on higher side as the petitioner is not having enough income.

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

4. The impugned order passed by the learned Family Court 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 interim maintenance of Rs.4,500/- per month in favour of the respondent. The order impugned do not suffer from any illegality and perversity, hence, no interference is called for from this Court.

5. The revision petition stand 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.

Stay application also decided accordingly.