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[2025:RJ-JP:45108] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6189/2015 Saleem Mohammad S/o Mohammad Saddiqe Gour, R/o Aguna Mohalla, Azad Chowk, Naraina, Police Station Naraina, District Jaipur (Rajasthan) ----Petitioner Versus Sameena W/o Saleem Mohammad D/o Abdul Sattar, aged about 24 years, R/o Railway Station Colony, Shreeampura Road, Naraina, Police Station Naraina, District Jaipur (Rajasthan) ----Respondent For Petitioner(s) : Mr. Chitransh Saxena, Adv. for Mr. Kapil Gupta, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE ANAND SHARMA
Order 10/11/2025
1. In this petition, petitioner has assailed the order dated 16.07.2015 passed by Civil Judge and Judicial Magistrate, Sambhar Lake, Jaipur, whereby interim maintenance of Rs.5,000/- per month has been directed to be paid to the respondent and her son. Petitioner has also prayed for quashing the order dated 04.09.2015, whereby the revision petition filed by the petitioner against the order dated 16.07.2015 has been dismissed by the revisional court.
2.
Learned counsel for the petitioner submits that both the Courts below have utterly failed to appreciate that the petitioner was a private teacher and was taking tuition and therefore, his income was not settled and without determining the income of the
[2025:RJ-JP:45108] (2 of 2) [CRLMP-6189/2015] petitioner, impugned orders have been passed by the Courts below.
3. Heard learned counsel for the petitioner and perused the record.
4. It would reveal that the orders impugned are merely for deciding interim maintenance, which was always subject to final outcome of the proceedings under Section 125 Cr.P.C.
5. By examining the orders impugned, I do not find any jurisdictional error whatsoever on the part of the Courts below. Deciding interim maintenance is discretionary order which cannot be challenged by the petitioner by way of invoking inherent jurisdiction of this Court under Section 482 Cr.P.C.
6. Hence, the Criminal Miscellaneous Petition is dismissed.
(ANAND SHARMA),J Jatin /58