[2026:RJ-JP:27081] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 758/2021 URN: CRLMP / 1333U / 2021 Ramsingh S/o Sayar Singh, Aged About 45 Years, Resident Of Ladoli, District Nagaur, At Present Resident Of Plot No. 15, Jaishree Colony, Malviya Nagar, Jaipur (Raj) ----Petitioner Versus Smt. Saroj Kanwar W/o Ram Singh D/o Parwat Singh, Aged About 38 Years, Resident Of Ladoli, District Nagaur At Present Village Chavsari, Police Station Gudhagaurji, District Jhunjhunu (Raj) ----Respondent For Petitioner(s) : None present For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 16/07/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 12.09.2019 passed by the Judicial Magistrate, Udaipurwati, District Jhunjhunu by which the application submitted by the respondent under Section 125 Cr.P.C. has been allowed and the petitioner has been directed to pay a sum of Rs.7,000/- per month to the respondent. 2. It has been averred in the instant petition that the respondent is residing separately from the petitioner without any justified reasons and the petitioner is merely getting Rs.300/- per day by working temporarily as a Home Guard. It has been averred in the instant petition that the petitioner is himself ready and willing to reside with the respondent, hence, under these [2026:RJ-JP:27081] (2 of 3) [CRLMP-758/2021] circumstances, the respondent is not entitled to get any sort of maintenance and under these circumstances, the amount of interim maintenance is quite exorbitant, which is liable to be quashed. 3. Perusal of the record indicates that the respondent submitted an application under Section 125 Cr.P.C. against the petitioner before the Court below, wherein it has been averred that the monthly income of the petitioner is Rs.30,000/- per month and he is in a possession of adequate land in the village and he is in a position to maintain the respondent, hence, a prayer has been made before the Court below for issuing directions to the petitioner to pay monthly maintenance to the respondent. It appears that by way of interim relief, the order impugned has been passed directing the petitioner to pay interim maintenance to the respondent. 4. Considering the overall facts and circumstances of the case, the present misc. petition stands disposed of with the directions to the petitioner as well as the respondent to submit their respective affidavits with regard to their income, assets etc. before the Trial Court in the light of the order passed by the Hon’ble Apex Court in the case of Rajnesh Vs. Neha and Anr. reported in (2021) 2 SCC 324. The parties are directed to submit the same and disclose their income, assets etc. 5. It is expected from the Court below to make all possible endeavours to decide the pending application expeditiously, as early as possible, in accordance with law on the basis of the affidavit, documents and the evidence so led by both the sides, [2026:RJ-JP:27081] (3 of 3) [CRLMP-758/2021] preferably within a period of six months from the date of receipt of the certified copy of this order. 6. With the aforesaid observations and directions, the instant criminal misc. petition stands disposed of. Stay application and all pending application (s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J 26/Aayush Sharma