Dismissed

Dr. Masroor W/O Dr. Shahid Rizwan and 2 Others v. Dr. Shahid Rizwan Khan S/O Mohd. Ibrahim

Bombay HC16 Oct 2012REVN/3/2012

Case brief

AI extract

What is this about?

The High Court dismissed a criminal revision application challenging an interim maintenance order under Section 127 CrPC, which reduced payments to Rs. 7,500. The Revisional Court found no serious error and noted the main application was pending evidence. It directed the trial court to expedite the final decision within three months.

What did the court decide?

Revision application dismissed; trial court directed to decide main maintenance application within three months.

Dr. Masroor W/O Dr. Shahid Rizwan and 2 Others Vs Dr… — Maintenance and Alimony | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CRIMINAL REVISION APPLICATION NO. 3 OF 2012

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(DR. MASROOR W/O. DR. SHAHID RIZWAN & OTH..VS.. DR. SHAHID RIZWAN KHAN MOHD. IBRAHIM.)

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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CORAM : M.L.TAHALIYANI, J. DATED : OCTOBER 16, 2012.

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Heard Mr.Mohammed Moin, learned counsel for the applicants and Mr R.B.Gaikwad, learned counsel for respondent.

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This is an application challenging the order passed by learned Family Court under Section 127 of the Code of Criminal Procedure making certain amendments in the original interim order passed during the proceedings under Section 125 of the Code of Criminal Procedure. Earlier the total amount of maintenance granted to the petitioners was rupees fifteen thousand. By an amended order under Section 127 of the Code of Criminal Procedure the interim maintenance to all the petitioners is granted to the extent of rupees seven thousand five hundred. Petitioner No.1 is wife and petitioner Nos. 2 and 3 are children of the respondent. They are not satisfied with the amount of maintenance order to be paid to them. Therefore, this revision petition has been filed.

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It is obvious from the order of the learned trial Court that the interim order is not based on any proved factors. The interim orders are normally passed for subsistence of the wife and the children. In these circumstances, unless there is extreme perversity demonstrated in the order, the

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revisional Court will not interfere in the interim order passed under Section 125 of the Code of Criminal Procedure or amended order passed under Section 127 of the Code of Criminal Procedure. In the present case also there is nothing seriously wrong with the order. Moreover, the main application has reached for recording of evidence and is likely to be decided within next two months. I am, therefore, not inclined to interfere with the interim order. The application deserves to be dismissed. At the same time, hearing of the main application filed by the petitioners under Section 125 of the Code of Criminal Procedure needs to be expedited.

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The revision application is dismissed .

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The learned trial Court is directed to expedite the hearing of the application filed by the petitioners under Section 125 of the Code of Criminal Procedure and shall decide the same preferably within two months and in any event by the end of three months from today.

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JUDGE

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RRaut..

Dr. Masroor W/O Dr. Shahid Rizwan and 2 Others v. Dr. Shahid Rizwan Khan S/O Mohd. Ibrahim

Case brief

What is this about?

What did the court decide?

Dr. Masroor W/O Dr. Shahid Rizwan and 2 Others v. Dr. Shahid Rizwan Khan S/O Mohd. Ibrahim

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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