(1.) By way of present petition under Art. 226 and 227 of the Constitution of India, the present petitioner is challenging the order dated 28/03/2018 passed by the learned Principal Judge, Family Court, Rajkot below Exh.7 in Criminal Misc. Application No.849 of 2017 whereby the learned judge directed to pay interim maintenance amount of Rs.15,000.00 to respondent nos.1 to 3 in total amount to Rs.45,000.00 per month from the date of filing of the application i.e. from 04/09/2017 and also directed to pay the cost of Rs.5,000.00 to the respondents.
(2.) Respondents Nos.1 to 3 filed an application under Sec. 125 of the Code of Criminal Procedure wherein maintenance of Rs.3,69,549.00 per month was prayed by respondents.
(3.) Mr. Gautam Joshi, learned Senior Advocate along with Mr. H. R. Kakkad, learned advocate appearing for the petitioner stated that earlier the petitioner had filed Criminal Revision Application No.540 of 2018 challenging the order dated 28/03/2018 passed by the learned Principal Judge, Family Court, Rajkot below Exh.7 in Criminal Misc. Application No.849 of 2017, however, as found that revision application would not be maintainable, the court granted liberty to the petitioner to move appropriate application before appropriate forum. Thus, the present application.