HARI KISHAN SONI Vs. SHAILSHREE

JUDGEMENT

(1.) Both the Revision Petitions have been preferred against the same impugned order, dtd. 26/10/2021, passed by Family Court No. 2, Bikaner in Criminal Misc. Application No. 131/2020, whereby the application for maintenance under Sec. 12 Cr.P.C. was accepted and the husband Hari Kishan was directed to pay a sum of Rs.30,000.00 towards maintenance per month from the date of application, with the following prayers:-

(2.) Both petitions arise out of a common controversy, and the brief facts of the same as noticed by this Court are that the Husband, Hari Kishan and the wife, Shailshree married on 21/7/2018 and on 7/5/2019, a son was born to them out of the wedlock. Owing to discord among the parties, they separated and a maintenance application came to be filed by the wife, on 11/10/2019 before Family Court No. 2 Bikaner. The learned Court awarded interim maintenance, payable monthly from the date of application, of Rs.30,000.00 to the wife and son, vide order dtd. 3/4/2021. And that on 26/10/2021, the learned Court below passed final order, whereby the amount of Rs.30,000,.00 payable monthly to the wife and son by the husband, towards maintenance, from the date of application. The husband is before this Court seeking quashing of the impugned order, while the wife is before this Court seeking modification of the impugned order, seeking an enhancement of the maintenance amount awarded to her, and her son, vide the impugned order.

(3.) After hearing learned counsel for both parties on previous occasions, this Court, vide order dtd. 27/2/2022, at the behest of the parties, directed them to appear before the Mediation Cell of this Court at 11:00 a.m. on the same day. The Mediator's Report, dtd. 5/5/2022, was placed before this Court on 9/5/2022, wherein it was stated that the husband and the wife had amicably resolved the dispute, and this Court directed the said parties to abide by the aforementioned Mediator's Report and that the parties would live together along with their minor son for a period of two months, after which this Court would further consider whether any fresh orders would need to be issued.