KHUSHBOO Vs. RAKESH

JUDGEMENT

(1.) The instant revision petition has filed on behalf of the petitioner challenging the order dated 27.6.2009 passed by the learned Judge, Family Court, Jodhpur awarding interim maintenance of Rs.900.00 per month to the petitioner as directed to be paid from the date of impugned order.

(2.) Learned counsel for the petitioner submits that the petitioner was married to the respondent. The respondent treated the petitioner with cruelty and turned her out from the marital home without any justification. The petitioner filed an application before the Family Court under Sec. 125 Code Criminal Procedure and during the pendency of the application, another application for being granted interim maintenance was filed by her, in which, it was claimed that since the respondent had turned her out from the house without any justification and as the respondent had an income well in excess of Rs.30,000.00 per month by operating a tea stall, accordingly, a prayer was made for grant of interim maintenance at a rate of Rs.10,000.00 per month. The learned Family Judge directed payment of interim maintenance to the petitioner payable from the date of passing of the impugned order at the rate of Rs.900.00 per month. The said order whereby, the amount of interim maintenance payable to the petitioner has been limited only up to Rs.900.00 per month has been challenged by the petitioner by way of this instant revision petition.

(3.) Learned counsel for the petitioner submits that firstly the amount of interim maintenance is extremely on the lower side and secondly the interim maintenance should have been awarded from the date of the application and not from the date of the order as has been done by the learned Family Judge. Learned counsel in support of his arguments has placed reliance on the decision of the Honourable Apex Court rendered in the case of Saygo Bai Vs. Clneeern Bajrangi, reported in 2011 Cri.L.J. 1007.