ANSHUL KULSHRESHTHA Vs. SMT. SWARNIMA KULSHRESHTHA

JUDGEMENT

(1.) Petitioner has preferred this revision petition aggrieved by order dated 05.03.2018 passed by Family Court No.1, Jaipur, vide which Court has allowed the application for interim maintenance and has awarded Rs. 15,000.00 per month to respondent No. 1 (wife) and Rs. 10,000.00 to respondent No.2 for son of couple.

(2.) Preliminary objection is raised by counsel for the respondent that revision petition is not maintainable. His contention is that there being a bar of Sub-section (2) of section 397 of the Crimial P.C., 1973 the powers of revision cannot be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

(3.) It is also contended that the application under Sec. 125 Crimial P.C., 1973 is pending adjudication before the concerned Court and rights of parties is to be decided only after a decision on the application filed under Sec. 125 Crimial P.C., 1973 hence, interim order is an interlocutory order.