1.0 Present Criminal Revision Application has been preferred by the applicant hereinoriginal opponent husband to quash and set aside impugned order dated 23.3.2012 passed by the learned Principal Judge, Family Court, Surat passed in Exh.4 in Maintenance Application No. 562 of 2011 directing the applicant herein original opponent to pay Rs.30,000/ per month to original applicant wife towards interim maintenance from the date of the said application i.e. 17.9.2011 till final disposal of the main Maintenance Application under Section 125 of the Code of Criminal Procedure.
2.0 Today, when the present Criminal Revision Application is taken up for final hearing, there is broad consensus between the learned advocates for the respective parties under the instructions from respective clients that they have no objections if the impugned order passed by the learned Judge, Family Court, Surat is hereby modified to the extent awarding interim maintenance to the original wife at Rs.25000/ per month. However, the same shall be without prejudice to the rights and contentions of the respective parties in the main Maintenance Application and by way of interim arrangement only. Learned advocates for the respective parties do not invite any further reasoned order while modifying the impugned order. However, has requested to make suitable observation that learned Judge, Family Court, Surat to finally decide and dispose of the main Criminal Miscellaneous Application for maintenance under Section 125 of the Code of Criminal Procedure in accordance with law and on merits and without in any way being influenced by the present order and all the contentions which may be available to the respective parties are kept open.
3.0 In view of the above broad consensus between learned advocates for the respective parties recorded hereinabove, present Criminal Revision Application is disposed of by modifying the impugned order passed by the learned Principal Judge, Family Court dated 23.3.2012 passed below Exh.4 in Criminal Miscellaneous (Maintenance) Application No. 562 of 2011 to the extent directing the applicant hereinoriginal opponent husband to pay Rs.25000/ per month towards interim maintenance from 17.9.2011 till final disposal of the main Criminal Miscellaneous (Maintenance) Application No. 562 of 2011. However, it is observed that the same shall be without prejudice to the rights and contentions of the respective parties in the main Maintenance Application and all the contentions which may be available to the respective parties are kept open and the learned Judge to finally decide and dispose of the Criminal Miscellaneous (Maintenance) Application No. 562 of 2011 in accordance with law and on merits and without in any way being influenced by the present order of awarding of Rs.25000/per month towards interim maintenance as present order is towards interim arrangement only and the learned Judge to finally decide and dispose of the main Criminal Miscellaneous (Maintenance) Application No. 562 of 2011 in accordance with law and on merits and on the basis of the evidence led. Applicant to clear entire arrears pursuant to the present order within a period of six weeks from today without fail and continue to pay Rs.25,000/ per month towards interim maintenance as stated above during the pendency of the main Criminal Miscellaneous (Maintenance) Application No. 562 of 2011 regularly as and when due and payable between 1st and 10th day of every English Calendar month.
4.0 With this, present Criminal Revision Application is disposed of.
sd/ (M.R.SHAH, J.) Kaushik