Pradeep Kumar v. Smt. Vijay Laxmi
Case brief
What is this about?
In this revision under Section 125 Cr.P.C., the High Court modified an interim maintenance order. Upon mutual consent, the monthly maintenance payable to each of the opposite parties was reduced from Rs. 4,000 to Rs. 3,500. Parties were granted liberty to seek enhancement before the lower court.
What did the court decide?
Maintenance suit modified; revised maintenance rate set at Rs. 3,500 per month per opposite party.
What the court decided
Court No. - 55
Case :- CRIMINAL REVISION No. - 5615 of 2010
Revisionist :- Pradeep Kumar Opposite Party :- Smt. Vijay Laxmi Counsel for Revisionist :- Dhiraj Srivastava,Akhilesh Tripathi,B.K. Srivastava Counsel for Opposite Party :- A.G.A.,Anil Kumar,Ashish Kumar
Hon'ble Pradeep Kumar Srivastava,J.
Shri Atul Kumar, Advocate holding brief of Shri Akhilesh Tripathi, learned counsel for the revisionist and Shri S.K. Chaubey, Advocate holding brief of Shri Ashish Kumar, learned counsel for opposite party no. 1 to 3 are present.
From the perusal of the order dated 10.12.2010, it appears that the interim relief was given to the revisionist directing that instead paying Rs. 4,000/- p.m, revisionist shall continue paying the maintenance at the rate of Rs. 3,500/- p.m to each of the opposite party no. 2 and 3.
Both the parties are consenting that the same may be confirmed and the impugned order may be modified to that extent and accordingly the revision may be disposed of.
In view of the submission of both the sides the revision is finally disposed of modifying the amount of maintenance from Rs. 4,000/- to Rs. 3,500/- a month payable to each opposite party no. 2 and 3, in view of the impugned order. The learned counsel for opposite party no. 1 to 3 has submitted that it is revision of the year 2010 and it is required to be enhanced.
Issues for consideration
2 issues framed by the court
Whether the interim relief allowing reduction of maintenance was to be modified given mutual consent of parties.
Whether next parties could approach the lower court for enhancement in maintenance.
Parties & counsel
- petitioner
Pradeep Kumar
- respondent
Smt. Vijay Laxmi
Coram
Pradeep Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- CRLR/5615/2010
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