ORAL ORDER

1. The present applicants have challenged the order dated 01.02.2022 passed by the learned Principal Judge, Family court, Bhavnagar below Exh.6 in Criminal Misc. Application No.219 of 2021, by which the learned Principal Judge was pleased to dismiss the application of the applicant no.1 for grant of interim maintenance to her and partly allowed the application of the applicant no.2 and granted only Rs.3,000/- per month towards her interim maintenance under Section 125 of the Code of Criminal Procedure, 1973. The applicants have preferred this application with a prayer to quash and set aside the impugned order to the extent of dismissal of the application of the applicant no.1 for grant of interim maintenance and to enhance the amount of interim maintenance to the applicant no.2.

2. Considering the issue involved in the present petition that the learned Family Court, Bhavnagar has dismissed the application of the present applicants for interim maintenance on the ground that the applicant no.1 has not complied with the order of the Hon’ble Apex Court in the case of Rajnish Vs. Neha with an observation that before marriage also, the applicant no.1 was serving and getting Rs.10,000/- per month, this Court is not inclined to issue notice to the respondent no.2.

3. Notice returnable forthwith. Learned APP waives service of notice for and on behalf of the respondent – State.

4. Heard learned advocate for the applicants as well as learned APP for the respondent – State.

5. It is submitted by learned advocate for the applicants that the impugned order dated 01.02.2022 is prima facie incorrect and invalid. It is further submitted that apparently the order is against the record of the case, and therefore, requires to be quashed and set aside. It is further submitted that the affidavit was also produced on record by the present applicants, wherein notice was also issued by the learned Family Court. It is further submitted that all the necessary details were also disclosed by the present applicants in respect of her properties and liabilities. That the learned Family Court has ignored the affidavit filed by the present applicants before the Court-below. It is further submitted that the respondent no.2 is serving as a Teacher in the Government School at Mahuva and his net monthly income is Rs.37,000/- per month, and therefore, the applicant no.1 is entitled to 1/3rd of the said amount and hence, the order passed by the learned Family Court is required to be quashed and set aside. It is further submitted that she is entitled to get maintenance considering the life style of the husband and his status, and therefore also, the order passed by the learned Family Court is required to be modified and application Exh.6 preferred by the present applicants is required to be allowed.

6. Learned APP for the respondent – State has supported the arguments advanced by learned advocate for the applicants submitting that as per the record produced by the present applicants, affidavit was filed by the present applicant no.1 declaring her properties and liabilities, however, it was not considered by the learned Family Court. It is further submitted that on 19.05.2021, the learned Family Court has registered the affidavit and issued notice to the respondent – husband, returnable on 19.07.2021. It is further submitted that this matter may be remanded to the learned Family Court for a fresh decision considering the facts of the present case as the applicant no.1 has complied with the order of the Hon’ble Court in the case of Rajnish Vs. Neha. Hence, it is requested by learned APP for the respondent – State to pass necessary order.

7. Having heard learned advocate for the applicants as well as learned APP for the respondent – State, it appears that the applicants are the original applicants and the respondent no.2 is the original respondent in Criminal Misc. Application No.219 of 2021 filed by the applicants in the Court of learned Principal Judge, Family