HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6567/2019 Dharmesh S/o Kajod, R/o Naroli Dang, Thana And Tehsil Sapotara, District Karauli. ----Petitioner Versus 1. Mohar Bai W/o Dharmesh, D/o Hari Prasad, Aged About 23 Years, R/o Naroli Dang, Thana And Tehsil Sapotara, District Karauli, Presently R/o Badh Mohanapur, Thana Batoda. 2. Kajal D/o Dharmesh, Through Guardian Mother Mohar Bai, Aged 4 Months, Presently R/o Badh Mohanapur, Thana Batoda. ----Respondents For Petitioner(s) : None present JUSTICE ANOOP KUMAR DHAND Order 22/01/2025 1. By way of filing this criminal misc. petition, the order dated 16.03.2019 passed by Judicial Magistrate, Bamanwas District Sawai Madhopur has been assailed. By passing the impugned order, the learned Magistrate has allowed the interim application filed by the respondents for interim maintenance and the petitioner has been directed to pay the maintenance amount of Rs.2000/- per month to the respondent No.1 and Rs.1000/- per month to the respondent No.2. 2. No one has put in appearance on behalf of the petitioner. 3. Perusal of the record indicates that the respondents have submitted an application under Section 125 Cr.P.C. against the petitioner seeking maintenance before the court of Judicial (2 of 2) [CRLMP-6567/2019] Magistrate, Bamanwas, Sawai Madhopur. During pendency of the said application, the interim order has been passed vide impugned order dated 16.03.2019 by which the petitioner has been directed to pay total maintenance of Rs.3000/- per month to both respondents. 4. As per the contents of FIR, it has been alleged that the respondent No.1 is residing separately without any justified reason, hence in view of Sub-Section (4) of Section 125 Cr.P.C., she is not entitled to get any sort of maintenance amount from the petitioner. When the respondent No.1 is residing separately at her own will or not is a disputed question of fact which is required to be adjudicated by the learned Magistrate after recording the evidence of both sides. 5. Since the main matter is still subjudiced before the court of learned Magistrate, it is expected from both sides to submit the evidence in support of their contentions. It is expected from the learned Magistrate to decide the main matter filed by the respondents under Section 125 Cr.P.C. after appreciating the evidence expeditiously as early as possible. 6. With the aforesaid observations, the criminal misc. stands disposed of. 7. Stay application as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/71