Rajasthan High Court - Jodhpur
Ravi Kumar Mewara vs Smt. Gayatri Mewara on 18 October, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6254/2022 Ravi Kumar Mewara S/o Late Bhanwar Lal Mewara, Aged About 28 Years, B/c Mewara, R/o 39, Mahalaxmi Colony, Keshav Nagar, Behind New Bus Stand Pali (Rajasthan)
----Petitioner Versus Smt. Gayatri Mewara D/o Shri Ganpat Lal Mewara, Aged About 28 Years, W/o Shri Ravi Kumar Mewara, R/o 18, Rajeev Gandhi Colony, Police Line Road, Pali (Rajasthan)
----Respondent For Petitioner(s) : Mr. Shambhoo Singh Rathore For Respondent(s) : -
JUSTICE DINESH MEHTA Order 18/10/2022
1. By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 04.08.2022, passed by learned Family Court, Pali (herein after referred to as 'the trial Court'), whereby the petitioner has been directed to pay a sum of Rs.4,000/- per month as interim maintenance.
2. Admittedly, the petitioner is a Class IV employee in the Ayurvedic Hospital of Government of Rajasthan.
3. According to the petitioner's own averment in the affidavit, he is getting net pay of Rs.21,376/- out of which, a sum of Rs.14,000/- is being paid towards the house loan.
4. Learned counsel for the petitioner argued that the petitioner who is drawing a meagre amount of Rs.7,376/- cannot be asked (Downloaded on 18/10/2022 at 09:59:10 PM) (2 of 2) [CRLMP-6254/2022] to pay a huge amount of Rs.4,000/- to his wife as interim maintenance.
5. Having regard to the facts and circumstances of the case and considering that the petitioner is Class IV employee of the State of Rajasthan drawing net pay of Rs.21,376/-, the amount of Rs.4,000/- cannot be said to be excessive or unreasonable in any manner.
6. No case for interference is made out, the petition is dismissed.
7. The stay application also stands disposed of accordingly.
(DINESH MEHTA),J 213-akansha/-
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