ORAL ORDER

The petitioner is before this Court seeking following reliefs :

“ 7.(A) The Honourable Court be pleased to allow and admit the petition;

(B) Your Lordships may be pleased to issue appropriate writ, order or direction, quashing and setting aside the order dated 22.1.2019 passed below Exh. 3 in Cr.ma No. 307 of 2018 under section 125 of Cr.P Code for getting interim maintainance preferred by the present respondent, in the interest of justice.”

2. It is the grievance of the petitioner that vide order dated 22.1.2019, passed in Criminal Misc. Application No. 307/2018, preferred by the present respondent no. 2, by which the application preferred under section 125 of the Criminal Procedure Code, 1973 for getting interim maintainance has been partly allowed.

3. The marriage of the present petitioner and the respondent no.2 was solemnised. It was the second marriage of respondent no.1 who has a child begotten from the first marriage. It is the say of the petitioner that he is not earning more than Rs 5000/- and it is completely incorrect on part of the respondent wife to submit that he is earning Rs 12,000/- to Rs 15,000/- per month; that these facts are completely misleading. It is further urged that respondent no.2 had left home on her own and getting maintenance from the present petitioner the factual matrix presented is completely false.

4. This Court notices that Criminal Misc. Application No. 307/2018 is pending for adjudication before the Court of learned Principal Judge, Family Court, Ahmedabad.

5. This Court has heard learned advocate Mr. Gaurang Patel, who has urged that sum of Rs 4,500/- is on a higher side and it should be reduced even during the pendency of final adjudication.

6. Learned advocate Mr. Pandya, has strongly objected to the same on the ground that the matter is being proceeded with the Court concerned and it is kept for cross-examination of respondent-wife.

7. He, therefore, urged that without indulging into any interference which is impugned in the instant case, the Court may direct the parties to expeditiously proceed with the matter and set the time limit.

8. Learned advocate Mr.Patel, for the applicant has no objection on the ground that the present order being continued, but he states there is requirement of rejection of the amount of Rs 4,500/- by reducing it by giving interim maintenance at the time of interim maintenace.

9. This is being objected by the otherside, learned Addl.

Public Prosecutor also has resisted the same.

10. Having heard both the sides, this Court notices that already the matter is posted before the Trial Court being criminal Misc. Application No. 307/2018. Therefore, it will be in the fitness of things not to entertain the matter on merits and to relegate the parties to the Court concerned and to direct the trialcourt to follow the procedure in accordance with law.

11. So far as the request of learned advocate Mr. Patel, for reducing the amount of Rs 4,500/- by giving interim maintainance, this court is not inclined to make any change for the reason that the amount given to the wife is Rs 3000/- and Rs 1,500/- is for the child who is five years of age. This Court notices that she is residing with her parents and the arrears have been paid by the petitioner. The amount is not big enough for the Court to interfere. It is a matter of record that the petitioner has already paid amount of arrears upto March 2018. Let the parties co-operate and the trial of this matter can be attempted to be completed on day to day basis and not later than 3 months.

(SONIA GOKANI, J)

MARY