BALDEV SINGH Vs. KARAMJIT KAUR

JUDGEMENT

(1.) Present revision petition has been preferred against the order dtd. 2/5/2024 passed by the Additional Principal Judge, Family Court, Ludhiana (hereinafter to be referred as the 'concerned Family Court') whereby the petitioner (herein) has been directed to make payment of ad-interim maintenance at the rate of Rs.3500.00 per month to respondent No.1 and Rs.2000.00 per month to respondent No.3 from the date of application till the adjudication of the application for interim maintenance on merits.

(2.) Learned counsel for the petitioner has argued that the impugned order dtd. 2/5/2024 is against the statute as there is no legislative mandate for grant of any ad-interim maintenance under Sec. 125 of Cr.P.C pending final disposal of an application for interim maintenance. Learned counsel for the petitioner has further argued that, in any case, the quantum of ad-interim maintenance awarded is on the higher side as respondent No.1 is a working lady and has sufficient income to maintain herself and the children. Thus, it has been prayed that the instant petition be accepted and the impugned order dtd. 2/5/2024 be set-aside.

(3.) Learned counsel appearing for the respondents has argued that the petitioner (herein) has been directed to pay ad-interim maintenance to tide over the difficulties being faced by the respondents (herein) during the pendency of application for interim maintenance. Learned counsel has further submitted that even if there is no statutory mandate in Cr.P.C., 1973 to grant ad-interim maintenance yet, the factual matrix of the lis indicates that the ad-interim maintenance was required to be paid to the respondents (herein) in view of financial difficulties being faced by them. Thus, dismissal of the instant petition is prayed for.