IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 1155 of 2011 Kailash @ Pintu S/o Nathiram R/o H. No. Mohalla Pandeywali Gughal Road, Nehru Park Jwalapur, District Hardwar ………………............Petitioner Versus 1. Smt Usha W/o Kailash @ Pintu D/o Kaluram 2. Km. Minakshi (minor) D/o Kailash @ Pintu through its natural guardian mother Smt Usha W/o Kailash @ Pintu R/o Jiapota, Laksar Road P.S. Kankhal, District Hardwar …................Respondents Shri Sanjeev Singh, Advocate, present for the petitioner. Hon’ble Prafulla C. Pant, J. Heard. (2) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973, the 2 petitioner has sought quashing of the order dated 01.12.2011, passed by Judge Family Court, Hardwar, whereby said court has granted interim maintenance at the rate of ` 1,000/- per month to the respondent no.2 Km. Minakshi (minor) under section 125 of Cr.P.C. (3) Learned counsel for the petitioner submitted that three of the children are living with the petitioner, and he is unable to pay interim maintenance at the rate of ` 1,000/- per month to his minor daughter. (4) Perusal of the impugned order shows that respondent no.1 (wife of the petitioner) has already been refused interim maintenance by the trial court, on the ground that serious question is raised against her taking shelter of Sub section (4) of section 125 of Cr.P.C. But as far as minor daughter is concerned, there is no such excuse available to the petitioner. As such, this court is of the view that the impugned order passed by the trial court relating to interim maintenance to the daughter 3 (minor) does not suffer from any illegality. (5) In the circumstances, without expressing any opinion as to final merits of the case, pending before the trial court, the petition under section 482 of Cr.P.C., is dismissed. (Prafulla C. Pant, J.) Dt.22.12.2011 N.P