Cr Msc 51/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Cr. Msc. Petition No.51/2008 Mahendra Singh Versus State & Smt. Chandra Date of Order ::: 17/01/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Samunder Singh, for petitioner Mr. Arun Sharma, Public Prosecutor Instant petition U/s 482 CrPC has been filed assailing order dt.03/05/07 whereby Addl. Sess. Judge No.4, Jaipur City granted maintenance for a sum of Rs.1,500/- in all for wife & minor daughter. Respondent (wife) filed application seeking maintenance under Protection of Women from Domestic Violence Act, 2005 and taking note of material on record, trial Court initially granted maintenance @ Rs.2,000/- per month vide order dt. 23/07/07, against which petitioner preferred appeal and the Appellate Court revised maintenance in all to Rs.1,500/- per month in favour of wife and minor daughter. It has also come on record that Family Court has also passed a separate order for interim maintenance @ Rs.2,000/- per month. Basic grievance raised by petitioner is that before passing an order of maintenance while Cr Msc 51/08 //2// directing him to pay interim maintenance, his financial capacity has not been looked into. Suffice is to say that under orders impugned, petitioner came out only with the defence that his wife Chandra has sufficient means for her sustenance; as such no maintenance is required for. Petitioner had an opportunity to show his bonafide about source of income – in absence whereof, this Court does not find any infirmity which may call for interference in the order directing petitioner to pay maintenance which is otherwise payable to his wife and daughter. Consequently, misc. petition is hereby dismissed along with stay petition. (Ajay Rastogi), J. K.Khatri/p.2/51CrMscP08(125).doc