1 Cri-Revn-Appln-53 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Revision Application No.53 of 2008 Shri Gopal Harkaran Tiwari .. .. Petitioner v/s. Smt.Manisha Gopal Tiwari & anr. .. Respondents Mr.Manoj J. Bhatt for Petitioner. Ms.Anita Diwedi with Mr.Vinod Shukla for Res.No.1. Mrs.R.V. Newton for State. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 10th February 2011 P.C. : 1.The Petitioner/husband has challenged the order of the Family Court, Bandra, dated 13 th December 2007 granting maintenance of Rs.3,000/- to Respondent No.1/wife. Both Counsel state that upon the application made by the wife under Section 125 of the Criminal Procedure Code and the reply filed by the husband, both parties file their affidavits of examination-in-chief. However, neither of the parties has been cross-examined by the learned Judge. Only on the affidavits the final order of maintenance has come to be passed. 2.The wife is required to be maintained pending the petition. Hence the interim order for maintenance is 2 Cri-Revn-Appln-53 required to be passed. However, the learned Judge has passed the judgment allowing the application. Hence final order has come to be passed. Such an order could not be passed without the cross-examination of both the parties and upon considering the truth or falsity of their respective cases. 3. The husband has challenged the extent of the maintenance granted on the footing that he has denied the extent of his income as claimed by the wife. Consequently, the maintenance granted under the impugned order dated 13 th December 2007 is at present not taken to be the interim maintenance granted by the Court which can continue pending the disposal of the petition upon trial and upon cross-examination of the parties. However, since some amount of maintenance would have to be paid pending the disposal of the petition, a reasonable amount would have to be ascertained. Under these circumstances, the Criminal Revision Application is partially allowed as follows: (i) The impugned order dated 13 th December 2007 is set aside. The amount of interim maintenance payable by the husband to the wife pending Petition No.E-133 of 2004 shall be Rs.2,000/- per month. (ii) The Petition is restored to file of the learned 3 Cri-Revn-Appln-53 Judge, Family Court, Mumbai. (iii) The Petition shall be disposed of by the learned Judge, Family Court, upon cross-examination of both the parties and their further witnesses, if any. (iv) The affidavits of examination-in-chief of both the parties, which are already filed, shall be taken on record. (v) The husband has paid some amount of maintenance. Upon the calculation of the arrears, the husband shall pay Rs.2,000/- per month for the period during which the maintenance amount is not paid pending the aforesaid petition. (vi)The Criminal Revision Application is disposed of accordingly. (SMT.ROSHAN DALVI, J.)