RAGHVENDRA TIWARI Vs. SHILPA AGARWAL AND ORS.

JUDGEMENT

(1.) In the present Criminal Revision, the challenge was given by revisionist to the impugned order dtd. 12/12/2018, as passed by the learned Family Judge, Roorkee District Haridwar in Case No. 125 of 2017, Smt. Shilpa v. Raghvendra, whereby in the proceedings under Sec. 125 of Cr.P.C. for the grant of maintenance, the respondent-wife has moved an application under sub Sec. (2) Sec. 125 of Cr.P.C., which was numbered as paper number 7B for the grant of an interim maintenance during the pendency of the principal proceedings under Sec. 125 Cr.P.C.

(2.) The learned Family Court, after considering the fact that the total income, which was accruing to the revisionist-husband, who, initially was working as a Deputy Manager in Havells India Limited and was drawing a salary of about Rs.60000.00 per month, it has been contended by the revisionist-husband that later, on 22/3/2017, he has submitted resignation and thereafter he has been privately engaged in a job from which he has an income of Rs.5000.00 per month only is accruing to him.

(3.) The said plea has been taken by the revisionist-husband, so as to deny the relief prayed for in the interim relief application, which was preferred by the respondent-wife in the proceedings under Sec. 125 Cr.P.C. On account of the fact that by virtue of the impugned order, the learned Family Court has only awarded a maintenance of Rs.9000.00 per month i.e. Rs.2000.00 to the respondent-wife and Rs.7000.00 to respondent No. 3, who admittedly happens to be the son of the revisionist, who was born out of the matrimonial wedlock between the revisionist and respondent No. 2, the revisionist-husband owes at least a social responsibility to maintain the minor child since being the natural father and guardian. This court declines to exercise its revisional power under Sec. 397 to be read with Sec. 401, because by the impugned order dtd. 12/12/2018, as a matter of fact, the lis has not yet been decided on merits, its only an arrangement which has been made by the learned Family Court, while granting an interim maintenance of Rs.9000.00 per month to Respondent Nos. 2 and 3, to be parted with by the revisionist by way of an interim arrangement.