Allowed

Smt.Reshma and Anr. v. Shish Pal and Ors.

Rajasthan HC4 Feb 2014CRLR/302/2013

Case brief

AI extract

What is this about?

In this revision petition, the High Court addressed the discontinuation of maintenance awarded during pendency of divorce proceedings. Dismissing the respondents' poverty claim, the Court awarded interim maintenance of Rs. 1,000/month to the wife and Rs. 500/month to the minor son, plus Rs. 500 residence allowance, effective from the date of dismissal of the divorce petition.

What did the court decide?

Award of interim maintenance at Rs. 1,000 per month to petitioner No. 1 and Rs. 500 per month to petitioner No. 2, apart from Rs. 500 per month residence allowance.

Smt.Reshma and Anr. Vs Shish Pal and Ors. — Maintenance and Alimony | Rajasthan HC (2014)

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S.B. CRIMINAL REVISION PETITION NO. 302/2013

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Smt. Reshma & Anr. Vs. State

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DATE OF ORDER : 04.02.2014

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HON'BLE MR. JUSTICE BANWARI LAL SHARMA

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Mr.Pradeep Shah for the petitioner. Mr.N.L. Joshi, for the respondents.

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Heard learned counsel for the petitioner and learned counsel for the respondents.

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Learned counsel for the petitioner has submitted that while deciding the application regarding interim maintenance petitioners were getting maintenance in all Rs.1,500/- per month under Section 24 of the Hindu Marriage Act but after deciding the main petition under Section 13 of the Hindu Marriage Act now petitioners are not getting any maintenance allowance and learned Judicial Magistrate, Ist Class, Sardar Shahar Churu considering this fact that petitioner No.1 is getting Rs.1,500/- per month as interim maintenance for her and her minor son from petitioner only awarded Rs.500/- as residence allowance which is very miserable and it is very difficult for the petitioners to maintain themselves, therefore, the interim maintenance allowance may be awarded.

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Learned counsel for the respondent-husband has submitted that respondent is a very poor person and he is having no source of income and it is very difficult for him to pay Rs.500/- per month.

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I have considered the submissions made by learned counsel for the parties. Learned counsel for the respondent does not dispute this fact that previously petitioners were getting Rs.1,500/- per month as maintenance allowance in compliance of the order passed by learned Additional District Judge Ratangarh Distt. Churu during pendency of petition under Section 13 of the Hindu Marriate Act but after deciding the petition under Section 13 of the Hindu Marriage Act that amount had been stopped. Having regard to this fact, I deem it appropriate to award the interim maintenance amount @ Rs.1,000/- per month for petitioner No.1 and Rs.500/- petitioner No.2 as maintenance apart from Rs.500/- per month residence allowance against respondent from the date of dismissal of the divorce petition i.e. 05.10.2013.

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The revision petition is disposed of accordingly.

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[BANWARI LAL SHARMA], J.

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mamta

Smt.Reshma and Anr. v. Shish Pal and Ors.

Case brief

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Smt.Reshma and Anr. v. Shish Pal and Ors.

Case brief

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