The High Court rejected two cross revisions challenging a maintenance order. The court upheld the ₹3000 monthly maintenance awarded to the wife, noting the husband's pension of ₹9500 and property holdings justified the quantum.
Both cross-revisions rejected and impugned orders of the Additional Sessions Judge affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Revision No. 439 / 2016
Gopal Singh S/o Gumana Ram, by caste Jat, aged 70 years, resident of Village Bhojdesar, Tehsil Fatehpur, District Sikar.
----Petitioner
Versus Jamna Devi W/o Gopal Singh, by caste Jat, resident of Bhojdesar, Tehsil Fatehpur, District Sikar. Presently residing at Ratangarh, District Churu. ----Respondent Connected With S.B. Criminal Revision No. 1097 / 2015 Jamna Devi W/o Gopal Singh, by caste Jat, R/o Bhojdesar, Tehsil Fatehpur, District Sikar, at present Ratangarh Churu (Raj.). ----Petitioner Versus Gopal Singh S/o Gumana Ram, R/o- Bojdesar, Tehsil Fatehpur, Distt. Sikar. ----Respondent _____________________________________________________ For Petitioner(s) : Mr.Pradeep Choudhary. For Respondent(s) : Mr.Gajendra Shekhawat.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
11/09/2017
These two cross revisions are directed against the order dated 4.8.2015 passed by the learned Additional Sessions Judge, Ratangarh, District Churu in two separate appeals preferred by the respective parties against the order dated 26.3.2015 passed by the learned ACJM, Ratangarh in Cr.Case No.220/2009 whereby the application filed by Smt.Jamna under Section 12 of the Domestic
(2 of 2)
[CRLR-439/2016] [CRLR-1097/2015]
Violence Act was accepted and the husband Gopal Singh was directed to make payment of monthly maintenance @ Rs.3000/per month to Smt.Jamna. Both the parties have challenged the quantum of maintenance in these revisions.
Having heard and considered the arguments advanced by the learned counsel for the parties and after going through the impugned orders, I am of the opinion that the trial court was perfectly justified in awarding maintenance to Smt.Jamna at the rate of Rs.3000/- per month. Gopal Singh is a retired army man and draws pension to the tune of Rs.9500/- per month. He also owns immovable properties. Thus, the quantum of maintenance awarded to Smt.Jamna cannot be questioned as being inadequate by any stretch of imagination.
Finding no shortcoming either factual or legal in the impugned orders, I hereby reject both these revisions as being devoid of merit.
A copy of this order be placed in both the files.
(SANDEEP MEHTA)J.
/tarun goyal/
1 issue framed by the court
Whether the quantum of monthly maintenance awarded to the wife under Section 12 of the Domestic Violence Act was inadequate.
1 provisions across 1 enactments
Gopal Singh S/o Gumana Ram
Jamna Devi W/o Gopal Singh
SANDEEP MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
