Disposed

Mitali Sharma and Ors. v. Raj Kumar Goswami

J&K HC6 Aug 2025CRM(M)/457/2025

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What is this about?

Petitioners challenged a revisional court's stay of a maintenance order granted in their favour, which stayed payment even to the wife-petitioner. The High Court modified the stay to operate only against petitioner 2 and directed expeditious disposal of the revision within eight weeks.

What did the court decide?

Stay modified: trial court's maintenance order stays only as to petitioner 2; revision to be decided expeditiously within eight weeks.

Mitali Sharma and Ors. Vs Raj Kumar Goswami — Maintenance and Alimony | J&K HC (2025)

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S. No. 115

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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CRM(M) No. 457/2025

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Mitali Sharma and Ors.

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…Petitioner/Appellant(s)

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Through: Mr. Malik Faraz, Advocate.

Vs.

Raj Kumar Goswani

...Respondent(s)

Through:

CORAM:

HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE

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O R D E R 06.08.2025

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The short grievance projected by the petitioners in the instant petition is that a time barred revision petition filed by the respondent herein came to be entertained by the court of Principal District and Sessions Judge, Baramulla, against an order dated 04.02.2025, passed by the Court of Judicial Magistrate 1st Class Uri, in the maintenance case titled as “Mitali Sharma and Ors. vs. Raj Kumar Goswami” , in terms of whereof the respondent herein being the respondent therein the said proceedings, came to be directed to pay the maintenance of Rs.15,000/- in favour of petitioner 1, Rs.20,000/- in favour of petitioner 2, till the attaining the age of majority and Rs.10,000/- in favour of petitioner 3.

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According to counsel of the petitioners herein the revisional court, despite filing of objections to the said condonation of delay application by the petitioners herein being respondent therein in the said revision petition, the revisional court vide order dated 10.05.2025 stayed the operation of the trial court order of the maintenance dated

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04.02.2025 not only in respect of petitioner 2, who was claimed to have attained the age of majority, but also in respect of petitioner 1 herein being the wife of respondent herein causing grave and severe prejudice to the rights and interests of petitioner 1 herein depriving her of the amount of maintenance, her only source of sustenance.

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Heard, considered and peruse the record.

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Having regard to the nature of controversy involved in the matter, coupled with the submissions made by the counsel for the petitioner, inasmuch as the record available on the file, it is deemed appropriate to dispose of the instant petition at this stage without retaining the same on board by modifying the order of the revisional court dated 10.05.2025 to the extent that the impugned order of the trial court dated 04.02.2025 shall stay insofar as the petitioner 2 herein alone is concerned.

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Further, the revisional court shall make an endeavour to dispose of the case on merit, be it the application for condonation of delay or the main case in accordance with law, expeditiously, preferably within a period of eight weeks from the date a copy of this order is produced before the trial court.

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Disposed of.

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(JAVED IQBAL WANI) JUDGE

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SRINAGAR 06.08.2025 Ishaq

Mitali Sharma and Ors. v. Raj Kumar Goswami

Case brief

What is this about?

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Mitali Sharma and Ors. v. Raj Kumar Goswami

Case brief

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