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2023 Supreme(Raj) 927

MADAN GOPAL VYAS
Anuj @ Alex – Appellant
Versus
State of Rajasthan Through PP – Respondent


Advocates Appeared:
Mr. Gajendra Panwar, Advocate, for the Appellant; Mohd. Javed Gauri, PP, Mr. Bhakti Singh, Advocate for Mr. Sushil Solanki, Advocate, for the Respondent.

JUDGMENT

1. The present criminal revision petition has been filed under Section 397/401 of the CrPC for quashing the order dated 12.10.2022 passed by learned Family Court No. 2, Udaipur in Case No. 273/2022 titled as "Smt Anju v. Anuj@ Alex" whereby the learned Family Court allowed the application under Section 125 CrPC filed by the respondent No. 2 herein and directed the petitioner to pay a sum of Rs 20,000/- per month as interim maintenance to the respondent No.2 from the date of filing of the application for interim maintenance i.e. from 23.12.2021.

2. At the outset, learned counsel for the respondent raised a preliminary objection regarding maintainability of the present revision petition. It is submitted by learned counsel for the respondent that an order granting interim maintenance under Section 125, CrPC is an interlocutory order and therefore, is not revisable. Accordingly, it is submitted that the present revision petition being not maintainable, deserves to be dismissed. In support of his contention, learned counsel relied upon the decision of this Court delivered in the case of Ramkishan @ Kishanlal v. Smt. Kamla Devi (SB Crl. Revision Petition No. 640/2021), decided on

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