HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B.Criminal Miscellaneous (Petition) No. 6000 / 2016

Chandrakant Khandelwal Son of Shri Bharat Kumar, by Caste

Mahajan,, Aged About 35 Years, R/o 1002, Oster-2, Runwal Pearl,

Behind R Mall, Gorbandar Road, Thane, Maharashtra and Plot No.

204 Maflover 2, Crossmorsh Park, Suraj Water Park K Pass,

Kavesar, G.B. Road Thane Maharashtra 400615 present R/o

Labour 9, the rubay, N.W. Wing, Sanapati Bapat Marg, Dadar

West, Mumbar 400028

----Petitioner

Versus

Smt. Anupam Gupta @ Anupama Gupta Wife of Shri Chandrakant

Khandelwal D/o Shri Ramavatar Gupta, by Caste Khandelwal,

Aged About 33 Years, R/o 122 , Shri Ram Nagar B, Niteshwar

Mahadev Ki Gali, Behind Saini Marriage Place, Khirni Phatak Road,

Jhotwara, Jaipur.

----Respondent

_____________________________________________________

For Petitioner(s) : Mr. S.S. Hasan

For Respondent(s) : None present

_____________________________________________________

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment

07/03/2017

1.

Counsel for the petitioner has moved this Miscellaneous

Petition aggrieved by the order dated 17.10.2016 passed by judge

family Court No.1 whereby the Court has awarded interim

maintenance in proceedings under Section 125 Cr.P.C.

2.

It is contended by counsel for the petitioner that

petitioner is receiving only Rs.60,000/- per month he has to pay

house rent to the tune of Rs. 17,000/-. He has to maintain his

parents and therefore the amount of Rs. 15,000/- per month

awarded by the family Court No. 1 as excessive.

3.

It is also contended that award of Rs.15,000/- would

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[CRLMP-6000/2016]

result into closure of chances of amicable settlement as the

respondent would not come for settlement.

4.

I have perused the impugned order the petitioner

admittedly is a Charted Accountant and is receiving salary to the

tune of Rs. 62,000/- in the reply submitted by the petitioner he

has mentioned that he is paying house rent to the tune of Rs.

17,000/-.

5.

As per the known source of income of the petitioner he

is left with Rs. 45,000/- per month after paying house rent of Rs.

17,000/-. The award of Rs. 15,000/- as interim maintenance to

the wife cannot therefore be considered to be exorbitant.

6.

Consequently the Miscellaneous Petition is dismissed.

(PANKAJ BHANDARI)J.

Arun/15