YOGRAJ KHANNA Vs. REKHA KHANNA

JUDGEMENT

(1.) HEARD Sri Arvind Vashistha learned counsel for the revisionist and Sri J. C. Belwal learned counsel for the respondent.

(2.) THIS is a criminal revision under section 397/401 of the Code of Criminal Procedure ( for short `Code' ) read with section 19 ( 4) of the Family Courts Act, against the judgment dated 28 - 8 - 2002, whereby the application of the respondent under section 125 of the `Code' was allowed exparte and she was awarded maintenance allowance at the rate of Rs. 15,000/- per month from the date of the presentation of the application.

(3.) CONSIDERING the above facts the impugned judgment dated 28 - 08 - 2002 deserves to be allowed. The revision petition is allowed and, the exparte judgment dated 28 - 08 - 2002 is set aside. However it is directed that the revisionist shall pay interim maintenance allowance at the rate of F{s. 3000/- per month to the respondent from the date of this order. The respondent shall however have liberty to move an application for grant of interim mainte­nance before the learned Principal Judge, Family Court who shall pass an appropriate order on merit, if necessary, without guided by the quantum of interim maintenance allowance fixed by this order.