High Court revision allowed. Court directed trial court to decide Section 125 Cr.P.C. main petition within six months on cooperation by parties, considering the non-applicants' separate living.
Revise order allowed; direct trial court to decide main petition within six months; reconsider interim maintenance if non-applicants delay.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 710 of 2019
---- Applicant
Versus
---- Respondent
| For applicant | : Shri Vaibhav Shukla, Advocate |
|---|---|
| For Non-applicants | : None present. |
Hon'ble Smt. Justice Rajani Dubey
Order On Board
16/07/2019
Heard on admission.
awarded to the non-applicants is on the higher side and without giving opportunity to the applicant. He submits that the non-applicant along with her daughter is willfully living separately from her husband/applicant. He submits that direction may be given to the trial court to decide the main petition as early as possible.
It is made clear that if any delay occurs on behalf of the nonapplicants, then the trial court shall reconsider the application for interim maintenance. Revision is accordingly allowed.
Sd/-
(Rajani Dubey) Judge
suguna
2 issues framed by the court
Whether to remand the matter to the lower court for final decision on maintenance without issuing notice.
Whether the interim maintenance awarded was excessively high.
1 provisions across 1 enactments
Vijay Shankar Yadav
Smt. Nilam Yadav
Ku. Shristi Yadav
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
