HAPREET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal misc. petition, the petitioner has challenged the order dtd. 24/11/2023 whereby he has been directed to pay an interim monthly maintenance of Rs.3,000.00 to his wife and Rs.1,500.00 each to his minor children with effect from the date of filing of the application seeking interim maintenance i.e. from 15/12/2022.

(2.) Learned counsel for the petitioner submitted that the impugned order has been passed without granting an opportunity of hearing to the petitioner. It was submitted that the petitioner has no available means to pay the amount of interim maintenance as directed by the learned Court below.

(3.) Learned counsel for the petitioner further submitted that since the financial condition of the petitioner does not enable him to pay the amount of interim maintenance, the impugned order dtd. 24/11/2023 may be quashed and set aside. Sec. 125 of Cr.P.C provides for a summary remedy for the payment of a monthly allowance as maintenance for wife and minor children who are unable to maintain themselves.