IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 1125 of 2011 1. Smt Alvina W/o Nitin Singh D/o Vijendra Singh R/o 127, Shivalik Nagar, Ranipur P.S. Ranipur, District Hardwar 2. Km. Piyush D/o Nitin Singh through her mother and natural guardian Smt Alvina R/o 127, Shivalik Nagar, Ranipur P.S. Ranipur, District Hardwar ………………..petitioners Versus Nitin Singh S/o Sri Bhopal Singh R/o Village Kheldi P.SBahadrabad District Hardwar ….............Opposite party Shri Bhuwnesh Joshi, Advocate, present for the petitioners 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 petitioners have sought quashing of the order dated 17.09.2011, passed by Judge Family Court, Hardwar, in Case No. 120 of 2009, under section 125 of Cr.P.C., refusing the interim maintenance to the petitioners. (3) Learned counsel for the petitioners submitted that admittedly the petitioner no.1 Alvina is wife of the respondent Nitin Singh. It is also not disputed that respondent no.2 Km. Piyush is minor daughter, born out of the wedlock. It is argued that the trial court has committed grave error of law in declining the interim maintenance to the petitioners. (4) On going through the impugned order passed by the trial court, this court finds that so far as the petitioner no.1 Alvina is concerned, the trial court has given the reason that since prima facie it was found that she was living separately from her husband without sufficient cause, even after decree is passed under section 9 of Hindu Marriage Act, 1955, as such she is not entitled to interim maintenance. However, 3 the trial court's order is silent as to why it refused interim maintenance to minor daughter. (5) In the circumstances, this petition under section 482 of Cr.P.C., is summarily disposed of directing the Judge Family Court, Hardwar, to pass orders as to entitlement of interim maintenance to the petitioner no.2 i.e. Km. Piyush . With this direction this petition under section 482 of Cr.P.C, is disposed of summarily. (Prafulla C. Pant, J.) Dt.14.12.2011 N.P