RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner-Husband has assailed the impugned order dated 06.01.2014 passed by learned Family Court, Bharatpur in criminal case no.2277/2013 (Smt. Amarwati Vs. Rajesh Kumar) whereby learned Family Court awarded interim maintenance of Rs.1500/- per month to respondent-wife against petitioner-husband from the date of application i.e. 04.06.2010.

(2.) Learned counsel for the petitioner-non-applicant submits that learned Family Court wrongly ordered the maintenance from the date of application instead of the date of the order. He also submits that there is no source of income of petitioner and he is preparing for competitive examination, therefore, he is not in a position to pay the amount of maintenance to respondent-wife. Without considering this aspect of the matter, the Family Court wrongly passed the impugned order, hence, this misc. petition may be allowed and the impugned order may be quashed and set aside.

(3.) Learned counsel for the petitioner has relied upon the judgments in the cases of Chhotu Singh & Anr. Vs. Smt. Ramdini, 2002 4 WLC(Raj) 254; Bhanwar Lal Vs. Smt. Kamla Devi, 1983 AIR(Raj) 229 and Paramveer Singh Vs. Suresh Kanwar, 2008 2 DMC 276.