ORDER : Farjand Ali, J. By way of filing the instant Criminal Misc. Petition, a challenge has been made to the order dated 20.07.2023 passed by learned Judge, Family Court, Banswara in Criminal Misc. Case No.19/2023 whereby the learned Judge has directed the petitioner to pay Rs. 15,000/- as an amount of interim maintenance to the respondent, who happens to be his wife. 2. Heard learned counsel Shri. Jaideep Saluja appearing for the petitioner-husband and Shri. Hemank Vaishnav and Ms. Dolly Jaiswal for the respondent-wife and perused the material as made available to this Court. 3. It is not in dispute that the respondent is a legally wedded wife of the petitioner and she is living separately from her husband owing to some discord or may be for some other reason viz., allegation of cruelty etc. but this Court would not prefer to touch the niceties of the above. 4. Ordinarily, a husband is obligated to maintain his wife. The pleadings of both the parties have already been taken on record. This Court feels that passing an order of interim maintenance during the pendency of the main petition under Section 125 of the Cr.P.C. is a discretionary power vested with the Court of first instance and the same is required to be decided on the basis of the pleadings of the parties and the affidavits filed in support thereof. 5. It is the Court of first instance which in this case is a District Judge cadre officer, has an opportunity to perceive something about the behaviour, attitude and to some extent the economic status of the parties and thus, the discretionary power vested with the Court of first instance to determine an amount of interim maintenance does not require to be interfered with by an upper Court unless it is noticed that the order under assail is a product of non-consideration of the material available on record. An order determining an amount of interim maintenance is required to be passed by the learned Judge by exercising its discretionary power judiciously as he deems fit in the circumstances of the case. 6. After having a cursory look over the matter, I see no reason to interfere in a well reasoned order dated 20.07.2023 passed by the learned Judge, Family Court, Banswara in Criminal Case No.19/2023. Thus, there is no force in the petition, the same deserves to be dismissed. 7. 6. After having a cursory look over the matter, I see no reason to interfere in a well reasoned order dated 20.07.2023 passed by the learned Judge, Family Court, Banswara in Criminal Case No.19/2023. Thus, there is no force in the petition, the same deserves to be dismissed. 7. Accordingly, dismissed. The stay petition stands disposed of. 8. Before parting, it is deemed appropriate to direct the learned Judge, Family Court to conclude the main proceeding under Section 125 Cr.P.C. expeditiously preferably within a period of six months after receipt of a copy of this order. It is further deemed apposite to mention that the learned Judge shall determine the final amount of maintenance based on the evidence brought on record during inquiry and will not get influence by its own order passed in interim maintenance as well as the order passed by this Court.