BHOJRAJ SINGH TOMAR Vs. SMT. SHEETAL

JUDGEMENT

(1.) The power of superintendence of this court under Article 227 of the Constitution is invoked to assail the interlocutory order passed on 22/8/17 by Principal Judge, Family Court Morena in a petition pending u/S. 6 of Hindu Minority and Guardianship Act, 1956 and section 25 of Guardians and Wards Act, 1890, granting interim maintenance quantified at Rs. 2000/- to the minor daughter aged about 15 years and Rs. 1500/- each to the two sons aged about ten years, with further stipulation that the said grant of maintenance shall be appropriated with the extent of any order passed in regard to maintenance by any other court or any other provision under the law.

(2.) Learned counsel for the petitioner primarily submits that in a petition filed u/S. 125 CrPC by the wife/sole respondent herein before Family Court at Agra in case No. 576/14, final order was passed on 17/8/17 granting maintenance to the wife to the tune of Rs. 2000/- per month and Rs. 1000/- to each of the three children (total Rs. 5000/-).

(3.) Learned counsel for the petitioner further submits that the impugned order has been passed without taking into account the financial capacity of the petitioner. It is submitted that the petitioner/husband is an agriculturist who earns not more than Rs. 7000-8000/- per month and thus shall be left with nothing if he is compelled to pay both the amounts granted by the Family Court Agra and Family Court Morena.