RANI Vs. DINESH

JUDGEMENT

(1.) The petitioners have filed the present petition impugning an order dated 04.07.2019 (hereafter 'the impugned order') passed by the learned Family Court, Karkardooma, whereby the petitioner's application for interim maintenance under Section 125 of the Criminal Procedure Code, 1973 (Cr.PC) was rejected.

(2.) A plain reading of the impugned order indicates that the petitioner's application was rejected on the sole ground that the petitioners had been granted interim maintenance of Rs. 4,000/- per month in proceedings filed under Section 12 of the Domestic Violence Act, 2005 (DV Act). The Court held that since the petitioners had been awarded interim maintenance for the same period and no appeal had been preferred against the said interim order, an application under Section 125 Cr.PC for seeking interim maintenance for the same period was not maintainable. The Court referred to the decisions of this Court in Renu Mittal v. Anil Mittal: Crl. Rev. P. 633/2010, decided on 27.09.2010 and Rachna Kathuria v. Ramesh Kathuria: Crl. (M) Petition No. 130/2010, decided on 30.08.2010 in support of the said proposition. The Court held that it was not open for the petitioners to claim maintenance from two different courts in different proceedings for the same period. And, in the event the petitioners were of the view that the amount of interim maintenance granted was insufficient, the appropriate remedy would be to approach the concerned court for modification or enhancement of the interim maintenance.

(3.) None appears for the respondent despite notice.