IMMAN HUSAIN Vs. SEEMA BIBI

JUDGEMENT

(1.) This criminal revision petition has been preferred on behalf of the petitioner being aggrieved with the order dated 21.2.2019 passed by the Addl. Sessions Judge, Sangariya, Distt. Hanumangarh (for short 'the Revisional Court'), whereby the Revisional Court while allowing the criminal revision petition preferred on behalf of the respondent has directed the petitioner to pay interim maintenance to the respondent to the tune of Rs.5,000/- per month from the date of filing of the application under Section 125 Cr.P.C.

(2.) The respondent has filed application under Section 125 Cr.P.C. in the Court of the ACJM, Sangariya, Distt. Hanumangarh (for short 'the Court below') seeking monthly maintenance from the petitioner, who is her husband. The Court below vide order dated 11.6.2018 directed the petitioner to pay interim maintenance to the respondent to the tune of Rs.1,000/- per month till final disposal of the proceedings under Section 125 Cr.P.C. Being aggrieved with the order dated 11.6.2018 passed by the Court below, the respondent preferred a criminal revision petition before the Revisional Court with a prayer for enhancement of the amount of interim maintenance.

(3.) Learned Counsel for the petitioner has argued that as the order passed by the Court below of awarding interim maintenance to the tune of Rs.1,000/- to the respondent is an interlocutory order, no revision petition against the said order is maintainable as per the provisions of Section 397(2) Cr.P.C., but the Revisional Court without considering this aspect of the matter has erred in entertaining the revision petition filed on behalf of the respondent and has also erred in enhancing the amount of interim maintenance.