PUNEET RAJPUT Vs. POONAM RAJPUT

JUDGEMENT

(1.) Being aggrieved by the order dtd. 1/5/2023 passed by the 2nd Additional Principal Judge, Family Court, Raipur, District Raipur in Case No.293/2022 whereby, the interim maintenance to the tune of Rs.7,500.00 per month has been awarded to the Non-Applicant/wife, this Revision has been preferred.

(2.) Learned Counsel for the Applicant submits that the order impugned is erroneous as a proceeding under Sec. 24 of the Hindu Marriage Act in Case No.661/2020 is already pending before the 3rd Additional Principal Judge, Family Court, Jabalpur in which, vide order dtd. 2/5/2023, the said Court had also ordered the Applicant to pay maintenance to the tune of Rs.5,000.00 per month to the Non-Applicant/wife and it has also been observed therein that the said amount shall be set off/adjusted with the maintenance amount, if any, granted to the wife in any other statute. He further submits that in the instant case, the Non-Applicant/wife had filed an application under Sec. 125 Cr.P.C in which, on 1/5/2023, the learned Family Court had fixed interim maintenance to the tune of Rs.7,500.00 per month though the said Court had assessed the interim maintenance differently. He further submits that recently, the Applicant had resigned from the post of Manager-Business, City Sales w.e.f. 10/6/2023 and a copy of e-mail sent by E veryone@ibc24.in has been annexed herewith. He further submits that at the time of passing of the order, the Applicant was an employee in a private company earning Rs.35,000.00 per month and after deducting his own expenses, he had no savings as he has a liability to maintain his old parents also, therefore, prays to allow the Petition and set aside the order impugned or reduce the interim maintenance suitably.

(3.) Heard learned Counsel for the Applicant and perused the documents annexed herewith carefully.