1.0 Rule. Shri Trivedi, learned advocate waives service of Rule on behalf of respondent nos. 2 and 3 and Ms. Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, application is taken up for final hearing today.
2.0 Present Criminal Revision Application has been preferred by the applicant original opponenthusband challenging the impugned order passed by the learned Additional Judge, Family Court, Vadodara dated 18.1.2012 passed below Exh. 5 passed in Criminal Miscellaneous Application No.366 of 2011 directing the applicant to pay Rs.4000/ per month to the original applicant no.1 wife i.e. respondent no.2 herein and Rs.3000/ per month to the original applicant no.2 minor i.e. respondent no.3 herein towards interim maintenance and has further directed to pay a sum of Rs.3000/ at the first instance to the original applicant no.1 to meet the expenses of the said proceedings.
3.0 Having heard learned advocates for the respective parties and in the facts and circumstances of the case and without prejudice to the rights and contention of the respective parties in the main Criminal Miscellaneous Application, it appears to the Court that instead of Rs.7000/ per month to be paid to the original applicant nos.1 and 2 towards their interim maintenance if the applicant is directed to pay Rs.5500/ per month to the original applicants towards interim maintenance, it will meet ends of justice. As such learned advocates for the respective parties do not invite any reasoned order as the main Criminal Application is yet to be decided and disposed of by the learned Family Court. Shri Trivedi, learned advocate for the respondents nos. 2 has requested to make suitable observations that aforesaid shall be by way of interim arrangement only and without prejudice to the rights and contentions of respondent no.2 to claim more amount towards maintenance. He has also requested to direct the learned Family Court to finally decide and dispose of the main Criminal Miscellaneous Application at the earliest and within stipulated time. Shri Patel, learned advocate for the applicant has assured the Court that the applicant and / or his advocate shall fully cooperate the learned trial Court in early disposal of main Criminal Miscellaneous Application.
4.0 In view of the above and for the reasons stated above, present revision application succeeds in part. The impugned order passed by the learned Additional Judge, Family Court, Vadodara dated 18.1.2012 passed below Exh. 5 passed in Criminal Miscellaneous Application No.366 of 2011 is hereby modified to the extent directing the applicant to pay in all a sum of Rs.5500/ to the original applicants towards interim maintenance during the pendency and final disposal of the aforesaid Criminal Miscellaneous Application No.366 of 2011. However, it is made clear that the aforesaid shall be without prejudice to the rights and contentions of the respective parties in the main Criminal Revision Application, more particularly, respondent nos. 2 and 3 hereinoriginal applicants and by way of interim arrangement only and the learned Family Court to decide and dispose of the main Criminal Miscellaneous Application in accordance with law and on merits and on the basis of the evidence led and without in any way of being influenced by the present interim arrangement. The rest of the order passed by the learned Family Court directing the applicant to pay Rs.3000/ at first instance to the original applicant no.1 to meet with the expenses of the main criminal proceedings stands. Arrears if any on the basis of the present order shall be cleared by the applicant herein within a period of four weeks from today without fail and applicant is hereby directed to pay aforesaid amount of Rs.5500/ per month towards interim maintenance regularly as and when due and payable between 1st and 10th of every English Calander month.
5.0 In the facts and circumstances of the case, the learned Judge, Family Court is hereby directed to finally decide and dispose of the Criminal Miscellaneous Application No.366 of 2011 at the earliest but not later than six months from the date of receipt of the present order. All concerned are directed to cooperate the learned Family Court to decide and dispose of the aforesaid Criminal Miscellaneous Application No.366 of 2011 at the earliest and within stipulated as stated hereinabove and if it is found by the learned Family Court that any of the party and / or their advocate has not cooperating, it will be open for the learned Court to proceed further with the hearing of the Criminal Miscellaneous Application No.366 of 2011 after recording the reasons. Rule is made absolute to the aforesaid extent.
“kaushik sd/ ( M. R. Shah, J. )