RAJESH KUMAR Vs. SANJU

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. to assail the order dtd. 11/6/2018 passed by learned Session Judge, Jhunjhunu whereby Criminal Revision No. 22/2018 preferred by the respondent aggrieved wife was allowed and maintenance under Sec. 125 Cr.P.C. was enhanced from Rs.3,000.00 per month to 10,000/- per month.

(2.) Learned counsel for the petitioner has relied upon a judgment dtd. 31/8/2018 rendered by the co-ordinate Bench in Anshul Kulshreshtha v. Smt. Swarnima Kulshreshtha @ Soni, S.B. Cr. Revision No. 483/2018, to contend that against the interlocutory order, revision is not maintainable.

(3.) A perusal of the judgment rendered in Anshul Kulshreshtha (supra) reveals that the learned Single Judge of this Court had relied upon the judgment rendered by Supreme Court in Amar Nath etc. v. State of Haryana etc., 1977 (4) SCC 137 . It may be noted that the judgment of Amar Nath etc (supra) relied in case of Anshul Kulshreshtha (supra) was specifically overruled by Three Judge Bench of Supreme Court in case of Madhu Limaye v. The STate of Maharashtra, AIR 1978 (SC) 47 , wherein Their Lordhships made distinction between interlocutory order and orders which affect the rights of the parties. Therefore no reliance can be placed upon the judgment of learned Single Judge in Anshul Kulshreshtha (supra) cited by the learned counsel for the petitioner.