SANWARMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been preferred by the petitioner-husband seeking quashing of the order of maintenance dtd. 12/1/2023 passed by the learned Judge, Family Court No.1, Bhilwara in Case No.329/2016, whereby the application under Sec. 127 of the Cr.P.C. filed on behalf of the respondent-wife was allowed and the petitioner was directed to pay a monthly maintenance to the tune of Rs.5,000.00 to the petitioner from the date of filing the application i.e. 9/9/2016.

(2.) Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Perused the impugned order as well as material available on record.

(3.) A perusal of the impugned order revealing that the petitioner is the husband of respondent No.2 in whose favour, the learned Family Court No.1, Bhilwara has passed an order by paying her Rs.5,000.00 per month as interim maintenance to be paid from the date of filing of the application has been awarded by the learned trial Court. It is an admitted fact that respondent No.2 is a legally wedded wife of the petitioner and they are residing separately; respondent-wife has shown reasonable and plausible cause to live separately from the petitioner-husband and thus the petitioner is under an obligation to maintain his wife.