Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 957 (RAJ)

Sanwarmal v. State of Rajasthan

2023-04-27

FARJAND ALI

body2023
ORDER : Farjand Ali, J. The instant revision petition has been preferred by the petitioner-husband seeking quashing of the order of maintenance dated 12.01.2023 passed by the learned Judge, Family Court No.1, Bhilwara in Case No.329/2016, whereby the application under Section 127 of the Cr.P.C. filed on behalf of the respondent-wife was allowed and the petitioner was directed to pay a monthly maintenance to the tune of Rs.5,000/- to the petitioner from the date of filing the application i.e. 09.09.2016. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Perused the impugned order as well as material available on record. 3. A perusal of the impugned order revealing that the petitioner is the husband of respondent No.2 in whose favour, the learned Family Court No.1, Bhilwara has passed an order by paying her Rs.5,000/- per month as interim maintenance to be paid from the date of filing of the application has been awarded by the learned trial Court. It is an admitted fact that respondent No.2 is a legally wedded wife of the petitioner and they are residing separately; respondent-wife has shown reasonable and plausible cause to live separately from the petitioner-husband and thus the petitioner is under an obligation to maintain his wife. 4. After considering the pleadings and the material in support thereof, the learned trial Court has awarded a sum of Rs.5,000/- which in my considered view, is not an exorbitant amount. Looking to the present era, to meet the basic requirements viz.,food, shelter and cloth; and to meet her transport and medical expenses, the petitioner cannot shun from his responsibilities of maintaining his wife and he is liable to take care of them as well as to fulfill their basic needs. 5. The order awarding maintenance passed by the learned Trial Court has been arrived at after due deliberation and careful examination of the evidence produced before it and the same is not erroneous and thus, the opinion of this court is in concurrence with the maintenance determined by the trial court. 6. In these circumstances, this court is of the opinion that the learned court below has correctly appreciated the material available on record, assessed the income of the petitioner-husband and passed the order awarding maintenance, which seems to be just and reasonable and does not call for any interference by this court. 6. In these circumstances, this court is of the opinion that the learned court below has correctly appreciated the material available on record, assessed the income of the petitioner-husband and passed the order awarding maintenance, which seems to be just and reasonable and does not call for any interference by this court. Thus, the revision petition is being devoid of merit and hence, the same are dismissed. 7. Stay petitions and all pending applications, if any, also stand disposed of.