AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Gupta, J.—Heard on admission as well as I.A. No. 25028/2012, an application for staying the proceedings of the trial Court.
The applicant has preferred the present revision against the judgment dated 16.10.2012 passed by the learned 1st Additional Sessions Judge Multai, District Betul in Criminal Appeal No. 64/2012, whereby a maintenance of Rs. 1,000/- per month was granted to the respondent and her son.
Facts of the case in short are that, the respondent has moved an application under Domestic and Violence Act with the pretext that her marriage took place with the applicant seven years back and their child Gautam @ Chinu was studying in the Air Force School at Amla. She had prayed for maintenance and the interim maintenance but the trial Court dismissed the application. Thereafter, an appeal was filed by the respondent and appellate Court had directed to pay the maintenance of Rs. 1,000/- per month to the respondent and her son Gautam.
At the time of passing the interim order, other objections cannot be entertained and other objections raised by the husband shall be considered at the time of final order and only question of quantum can be considered. It would be apparent that the applicant is sufficient means to pay the maintenance of Rs. 2,000/- per month. The trial Court has dismissed the application only on the ground that the trial was about to conclude and case was fixed for non-applicant's evidence. However, the respondent could claim the interim maintenance at any stage therefore at present, the recent interim order cannot be denied. The learned Additional Sessions Judge has rightly granted the interim maintenance to the respondent and her child. There is no illegality or perversity visible in the impugned order passed by the learned 1st Additional Sessions Judge Multai, District Betul.
Consequently, there is no basis to accept the present revision and hence, the revision filed by the applicant Sukhdeo is hereby dismissed at motion stage.
6.Copy of the order be sent to the trial Court for information.
C.C. as per rules.