SUJIT KUMAR Vs. LAXMI GUPTA

JUDGEMENT

(1.) The Revisionist is before this Court impugning the Order dtd. 9/4/2024, of the Court of the Learned Judge, Family Court, at Namchi District, Sikkim, in Family Court (Criminal) Case No.22 of 2023 (Laxmi Gupta vs. Sujit Kumar Saha). The case of the Revisionist/Respondent (hereinafter the "Revisionist") is that, the Respondent/Petitioner (hereinafter the "Respondent"), had filed a Petition under Sec. 125 Code of Criminal Procedure, 1973 (hereinafter, the "Cr.P.C."), read with Sec. 7 of the Family Courts Act, 1984, before the Learned Family Court, claiming maintenance for herself and for her daughter, amounting to ? 1,00,000/- (Rupees one lakh) only, per month, from the Revisionist.

(2.) While objecting to the said Petition, the Revisionist averred in his response that the Respondent was not entitled to the maintenance claimed as she had wilfully left her matrimonial home.

(3.) The Learned Family Court took up both the Petitions simultaneously for hearing but issued the impugned Order dtd. 9/4/2024, observing inter alia that in the interest of justice an interim maintenance for two months be granted to the Respondent for a sum of ? 25,000/- (Rupees twenty five thousand) only, from April, 2024, till the pendency of the hearing of the Petitions. The matter was thereafter ordered to be listed for further hearing on 10/6/2024, the Court being of the view that matters pertaining to the parties was also before the Hon'ble Supreme Court.