SB Crlmp No.1531/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CR.MISC.PETITION NO.1531/2010. Sunil Kumar Mahur Vs. Smt.Rajesh Kumari @ Rani & Ors. Date of Order : 26/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ J Shri Abdul Hameed Khan for the petitioner. Shri Gurvinder Singh for the respondents. ****** BY THE COURT:- This cr.misc.petition u/S.482 Cr.P.C. has been filed by the petitioner-husband against the order dated 20/11/2009 passed by learned Additional Civil Judge (Junior Division) and Judicial Magistrate No.4, Alwar by which, application of the respondent u/S.125 Cr.P.C. has been allowed and interim- maintenance of Rs.3000/- per month was awarded to the respondent-wife and Rs.3000/- in the ratio of Rs.1500/- each to two minor children i.e. respondents No.2 and 3 was awarded. Petitioner has also challenged subsequent order dated 3/4/2010 passed by learned Special Judge (Prevention of Atrocities on SC/ST) Cases Alwar whereby, revision petition filed by the petitioner against the aforesaid order was dismissed. SB Crlmp No.1531/10. 2 Contention of the learned counsel for petitioner is that petitioner has no source of income so as to satisfy the order passed by the court below. He hardly had income of Rs.1500/- per month which he was earning from the cycle repair shop. It is contended that apart from above recourse, the respondents have also approached the court of learned Chief Judicial Magistrate, Alwar filing complaint under Section 12 of the Domestic Violence Act. That court has directed petitioner to pay Rs.2000/- as residence expenses to the respondents. Petitioner was unable to satisfy the order therefore he has been detained in jail. Petitioner has filed application u/S.9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights and he is still agreeable to allow respondent-wife to stay with him. Even when he is ready to keep his wife, amount of Rs.2000/- was awarded by the Magistrate under the provisions of Domestic Violence Act towards residence expenses cannot be justified to be paid to her. Learned counsel for respondents has opposed the misc.petition and submitted that if at all petitioner does not have sufficient income, the only remedy available to him to SB Crlmp No.1531/10. 3 file an application u/S.127 Cr.P.C. before the court for revision of interim amount of maintenance. Petitioner did not dispute the fact asserted by the respondents that he was into a jewelery business. The impugned-order therefore does not call for any interference. Upon hearing learned counsel for the parties and perusing the material available on record, I find that when the respondent-wife has already been awarded Rs.2000/- as residence money, award of Rs.6000/- per month as interim- maintenance in toto u/S.125 Cr.P.C. appears to be on somewhat higher side looking to the fact that respondent-wife is residing with her parents. The main application u/S.125 Cr.P.C. is still pending wherein the evidence of occupation and income has to be adduced. Keeping in view totality of the circumstances, I am inclined to marginally reduce the amount of interim-maintenance. In the result, this cr.misc.petition u/S.482 Cr.P.C. is partly allowed. The impugned-order of the court below dated 20/11/2009 passed by learned Additional Civil Judge (Junior Division) and Judicial Magistrate No.4, Alwar is modified and it is directed that amount of interim-maintenance of Rs.3000/- SB Crlmp No.1531/10. 4 awarded to the respondent-wife, is reduced to Rs.2000/- per month and amount of interim- maintenace of Rs.1500/- each to two children is reduced to Rs.1000/- each. Thus, instead of Rs.6000/-, petitioner is liable to pay Rs.4000/- per month to the respondents as interim-maintenance, during the pendency of application u/S.125 Cr.P.C. This order is passed without prejudice to the rights of the either parties to pursuade the court below to pass appropriate final order on that application. (MOHAMMAD RAFIQ), J. anil SB Crlmp No.1531/10. 5 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.STAY APPLICATION NO.1398/2010. IN S.B. CR.MISC.PETITION NO.1531/2010. Sunil Kumar Mahur Vs. Smt.Rajesh Kumari @ Rani & Ors. Date of Order : 26/10/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ J Shri Abdul Hameed Khan for applicant-petitioner. Shri Gurvinder Singh for the respondents. ****** Consequent upon disposal of the main petition, this cr.misc.stay application does not survive and the same is accordingly dismissed. (MOHAMMAD RAFIQ), J. anil