1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN ATJODPUR ORDER S.B. Criminal Misc. Petition No.1266/2007 (Pankaj Singh Vs. Khusboo) Date of Order : 21st September , 2007 HON'BLE MR. H.R. PANWAR, J. Mr. Haider Agha for petitioner. Heard learned counsel for the petitioner and carefully gone through the impugned order. By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 16.06.2007 passed by the Judge, Family Court, Jodhpur,whereby the application filed by the respondent seeking interim monthly allowance of maintenance was allowed and the family court directed the petitioner to pay @ Rs.1000/- per month in favour of the respondent Smt Khusbu herself and for her daughter Muskan @ Rs.400/- per month, totalling Rs.1400/- per month. It is contended by learned counsel for the petitioner that interim monthly allowance of maintenance granted in favour 2 of the respondent and daughter Muskan is excessive. On the careful perusal of the impugned order, in my view, granting interim monthly allowance of maintenance is at the stage of pre-recording of the evidence and the parties are yet to lead evidence to establish income of the petitioner and requirement of the respondent and thereafter it is for the trial court to arrive at the conclusion that to what extent monthly allowance be granted to the wife and the daughter of the petitioner. It is not disputed by the petitioner that the respondent is her legally wedded wife and from the wedlock minor daughter Muskan born. A sum of Rs.1000/- per month, cannot be said to be a higher amount for maintaining adult person as also Rs.400/- per month for minor daughter. In these circumstances, therefore, I do not find any error, illegality or perversity in the order impugned warranting any interference under the inherent jurisdiction under Section 482 of the Code. The instant criminal misc. petition is, therefore, dismissed. (H.R. PANWAR), J. vij