Learned advocate for the petitioner submits that application under Section 127 of the Code of Criminal Procedure, 1973 was partly allowed by enhancing the amount of the maintenance from Rs.900/- to Rs.4000/- p.m. which is disproportionate to the non-source of income of the petitioner who drives the rickshaw on rental basis and without any material on record the learned Judge, Family Court, Junagadh, has passed the impugned order on 21.10.2011.
However, learned advocate for the petitioner submits that Rs.19,000/- is paid towards maintenance even after passing the impugned order.
Considering the above and on further undertaking that is to be filed before the Family Court that if the petitioner continues to pay Rs.2,000/- p.m. from 1st February, 2012 to private respondent No.1, impugned order passed by the Family Court shall remain stayed till further order.
Stand over to 6.3.2012.
[ANANT S. DAVE, J.] //smita// Top