Madhya Pradesh High Court
Shailesh Mishra vs Vibha Tiwari Judgement Given By: ... on 24 April, 2014
CRR No.564/2014
Criminal Revision No.564/2014
24.4.2014 Shri Anil Kumar Mishra, counsel for the
applicant.
Heard on admission.
The applicant has preferred the present
revision against the order dated 25.2.2014 passed
by the learned Principal Judge, Family Court, Rewa
in MJC No.180/2013, whereby interim maintenance
of Rs.1,000/- was granted to each of the
respondents.
At the time of passing the order relating to interim maintenance, all such objections cannot be considered for which the maintenance application may be decided on merits. Only the question of quantum can be considered. The applicant could not show any source of income before the trial Court and therefore, the trial Court assessed that being a healthy person he must have been earning the minimum wages as settled by the Collector concerned for an unskilled labourer and therefore, after computing such income, a maintenance of Rs.1,000/- per month was granted to each of the respondents. Looking to the appreciation of facts done by the learned Principal Judge, Family Court, Rewa, assessment of income of the applicant is correct and assessment of CRR No.564/2014 maintenance is also correct. There is no illegality or perversity visible in the impugned order passed by the learned Principal Judge, Family Court, Rewa, so that the present revision filed by the applicant may be accepted.
Consequently, the present petition under Section 482 of the Cr.P.C. filed by the applicant Shailesh Mishra is hereby dismissed at motion stage.
A copy of the order be sent to the trial Court for information.
(N.K.GUPTA) JUDGE Pushpendra