1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODPUR ORDER S.B. Criminal Misc. Petition No.1141/2007 (Smt. Raj Kaur Vs. State & Anr.) Date of Order : 26th September , 2007 HON'BLE MR. H.R. PANWAR, J. Mr. P.C. Solanki for petitioner. Mr. Ashok Upadhyay, Public Prosecutor. Mr. Iqbal Sherani for respondent No.2. By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 8th June, 2007 passed by learned Judge Family Court, Jodhpur, wherby the Family Court granted interim maintenance @ Rs.1300/- per month from the date of order. Aggrieved by the impugned order, the petitioner has filed the instant misc. petition seeking modification of the impugned order to the effect that amount of maintenance may be allowed from the date of filing of the application. 2 I have heard learned counsel for the parties and perused the material available on record. On the perusal of the order impugned, it appears that respondent also came with a plea that the petitioner herself is working as teacher and earning Rs.10,000/- per month.The respondent has placed on record affidavits of Om Prakash, Rajkumar and Mag Singh stating therein that the petitioner is post-graduate (M.A.) and teaching in private school and also earning from tuition. According to learned counsel for the petitioner the petitioner has stated that the respondent is earning Rs.10,000/- by painting work though it has not yet been proved. In similar circumstances, the respondent has stated that petitioner is earning Rs.10,000/- that also has not yet been proved. Had the matter been not decided by the family court on the application for interim maintenance, then, the matter would have been remanded to determine the income of the petitioner and the respondent but since the order impugned is on an application for interim maintenance, I do not feel inclined to interfere with the order in the facts and circumstances of the case. However, the grant of interim maintenance from the date 3 of order, cannot be said to be erroneous, when the income of parties are yet to be decided in the peculiar facts and circumstances of the case. The misc. petition is, therefore, dismissed. The family court is directed to decide main application under Section 125 Cr.P.C. utmost expeditiously, preferably within five months from today. (H.R. PANWAR), J. vij