SANJAY SHAH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this criminal misc. petition under Section 482 Cr.P.C, while praying for following reliefs:

(2.) Brief facts of the case are that respondent No. 2 filed an application under Section 125 Cr.P.C. while claiming maintenance from the petitioner in the year 2006. The said application of the respondent No. 2 was allowed ex parte by the Judicial Magistrate, Banswara (for short 'the Trial Court' hereinafter) vide order dated 7.10.2006 and a direction was issued to the petitioner to pay the maintenance of Rs. 5000/- per month to the respondent No. 2. The petitioner has moved an application for setting aside the ex parte order before the Trial Court, however, the said application was dismissed by the Trial Court vide order dated 15.12.2008.

(3.) Being aggrieved with the same, the petitioner filed a revision petition before the learned Sessions Judge, Banswara, who vide order dated 23.5.2009, remanded the matter to the Trial Court for deciding it afresh after providing opportunity of hearing to the parties concerned. While passing the order dated 23.5.2009, the learned Sessions Judge, Banswara has directed the petitioner to pay the interim maintenance to the tune of Rs. 2000/- to the respondent No. 2 from the date of the application with the observation that the said amount of interim maintenance would be subject to the final decision of the application filed by the respondent No. 2 under Section 125 Cr.P.C. The learned Sessions Judge, Banswara has also imposed a cost of Rs. 3000/- upon the petitioner.