ANUJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition has been filed under Sec. 397/401 of the CrPC for quashing the order dtd. 12/10/2022 passed by learned Family Court No. 2, Udaipur in Case No. 273/2022 titled as "Smt Anju v. Anuj@ Alex", whereby the learned Family Court allowed the application under Sec. 125 CrPC filed by the respondent No. 2 herein and directed the petitioner to pay a sum of Rs.20,000.00 per month as interim maintenance to the respondent No.2 from the date of filing of the application for interim maintenance i.e. from 23/12/2021.

(2.) At the outset, learned counsel for the respondent raised a preliminary objection regarding maintainability of the present revision petition. It is submitted by learned counsel for the respondent that an order granting interim maintenance under Sec. 125, CrPC is an interlocutory order and therefore, is not revisable. Accordingly, it is submitted that the present revision petition being not maintainable, deserves to be dismissed. In support of his contention, learned counsel relied upon the decision of this Court delivered in the case of Ramkishan @ Kishanlal v. Smt. Kamla Devi (SB Crl. Revision Petition No. 640/2021), decided on 11/7/2022.

(3.) Per contra, learned counsel for the petitioner submitted that the present revision petition is maintainable and an order granting interim maintenance under Sec. 125 CrPC is not an interlocutory order and the present revision petition is worth consideration on its merits. In support of his contention, learned counsel for the petitioner relied upon the judgment of this Court delivered in the case of Jeetram Meena v. State of Rajasthan and Anr. (SB Crl. Misc. (Petition) No. 7411/2018) decided on 27/11/2018 and the judgment of Punjab and Haryana High Court delivered in the case of Sunil Kumar Sabharwal v. Neelam Sabharwal and Anr. (1991 CriLJ 2056).