LAWS(RAJ)-2021-4-35

NISHA @ ARPITA Vs. DEEPAK GOYAL

Decided On April 06, 2021
Nisha @ Arpita Appellant
V/S
DEEPAK GOYAL Respondents

JUDGEMENT

(1.) The instant criminal misc. petitions under Section 482 Cr.P.C. have been filed against the order dated 16.12.2020 passed by the learned Judge, Family Court, Bhilwara in Criminal Misc. Case No.169/2018 whereby the learned Judge allowed the application under Section 125 Cr.P.C. filed on behalf of Smt.Nisha @ Arpita and her minor son Daksh Goyal. The husband of Smt.Nisha, namely, Deepak Goyal was directed to pay a sum of Rs.6,000/- per month to minor son Daksh through his mother Smt.Nisha @ Arpita as interim maintenance.

(2.) Learned counsel appearing for Deepak Goyal submits that Smt. Nisha @ Arpita did not produce any document to substantiate her allegations. The court below has committed illegality in allowing the application filed on behalf of Smt. Nisha & Daksh. Further, the amount of interim maintenance awarded by the Family Court is on higher side as the husband is not in a position to pay the said amount of interim maintenance to her wife and minor son, therefore the same may be reduced.

(3.) I have heard the learned counsel for the parties and perused the order impugned as also other material available on record.