[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1285/2007 SATYANARAIN Vs. JUDGE, FAMILY COURT, AJMER & ANR. Date: 13.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. K.A. Khan for the petitioner. **** By way of this criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 23.11.2004 passed by the Family Court, Ajmer in Criminal Sessions Case No. 1/2004, whereby the Family Court has allowed the application for interim maintenance filed by the respondent wife Smt. Sheela Devi and granted interim maintenance to the tune of Rs. 800/- per month in favour of respondent wife and Rs. 600/- per month in favour of minor sons of the petitioner namely Naresh and Amit each, totaling to Rs. 2000/- per month. Since the petitioner husband has not make the payment of interim maintenance, therefore, vide order impugned dated 14.05.2007 recovery warrant has also been issued. The case of the petitioner is that the respondent is not entitled to get the interim [2] maintenance as awarded by the Family Court as the children Vinod, Amit and Naresh are earning members. Having considered the submissions made on behalf of the petitioner and upon careful perusal of the order impugned passed by the Family Court, Ajmer, since interim maintenance order has been passed and considering the earning of the petitioner, the interim maintenance as awarded by the Family Court cannot said to be excessive. The petitioner has still an opportunity to redress his grievance before the Family Court at the time of disposal of the application under Section 125 Cr.P.C., but in any case, at this stage the orders impugned require no interference whatsoever by this Court. Consequently, the criminal misc. petition fails being devoid of merit and the same is hereby dismissed. Record be sent back. (K.S. RATHORE)J. /KKC/