Dismissed

Arvind v. State and Ors.

Rajasthan HC11 Sept 2017CRLR/396/2014

Case brief

AI extract

What is this about?

In a criminal revision challenging a Family Court maintenance order, the High Court dismissed the appeal, noting the petitioner's cruelty, and directed him to pay increased arrears and future monthly maintenance through the Family Court.

What did the court decide?

Petitioner directed to pay all arrears from June 2015 within six months and continue monthly deposit via Family Court; Revision dismissed.

Arvind Vs State and Ors. — Maintenance and Alimony | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision No. 396 / 2014

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Arvind Sharma S/o Sh.Shivraj Sharma, aged 25 years, R/o Arihant Colony, Railway Fatak ke Pas, Co-operative Mill ke Samne, Gulabpura, Police Station Gulabpura, District Bhilwara.

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----Petitioner

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Versus

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The State of Rajasthan.

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Smt.Gayatri @ Parvati W/o Arvind Sharma, D/o Udai Lal Tiwari, R/o Gulabpura presently residing at Bamaniya, Police Station Banera, District Bhilwara.

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Kumari Gori D/o Sh.Arvind Sharma, aged 5 years, through her natural guardian mother Smt.Gayatri @ Parvati, R/o Gulabpura presently residing at Bamaniya, Police Station Banera, District Bhilwara.

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----Respondents

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For Petitioner(s) : Mr.Ramesh Purohit.

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For Respondent(s) : Mr.N.R.Choudhary.

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Judgment / Order

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11/09/2017

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Heard the arguments advanced by the learned counsel for the petitioner and learned counsel representing the respondents.

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By way of this revision, the petitioner Arvind Sharma has approached this Court for assailing the order dated 10.3.2014 passed by the learned Judge, Family Court, Bhilwara in Cr.Case No.263/2012 whereby the application preferred under Section 125 Cr.P.C. by the respondents being the wife and minor daughter respectively of the petitioner, was partly accepted and the petitioner was directed to pay them a total amount of Rs.2250/by way of monthly maintenance.

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(2 of 3)

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[CRLR-396/2014]

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Learned counsel for the petitioner has tried to persuade the Court that the respondent wife Smt.Gayatri has deserted the petitioner husband and has failed to perform her conjugal duties without any justification and thus, she is not entitled to claim any maintenance whatsoever from the petitioner.

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On the other hand, Shri Choudhary learned counsel representing the respondents points out that the petitioner has filed proceedings for divorce against the respondent wife Smt.Gayatri. Initially, the divorce petition was dismissed for nonprosecution and thereafter, the restoration thereof has been sought by the petitioner. He thus submits that the petitioner was never interested in keeping his wife with himself.

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On going through the order impugned and the record, it is apparent that the petitioner assaulted the respondent Gayatri while evidence was being recorded in the Family Court. Thus apparently, conduct of the petitioner is extremely cruel. The Family Court has awarded a pittance of Rs.2250/- to the two respondents by way of monthly maintenance which is grossly inadequate. Thus, giving liberty to the respondents to file a suitable application for seeking enhancement in the maintenance amount, the instant revision is dismissed as being devoid of merit. The petitioner shall pay all the arrears of maintenance amount accruing from June 2015 onwards in equal instalments and will clear off the dues within six months from today. He shall continue to make payment of monthly maintenance amount to the respondents by depositing the same in the Family Court by 10^th of each month. In case, the petitioner fails to comply with the above

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(3 of 3)

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[CRLR-396/2014]

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directions, the Family Court shall initiate proceedings of recovery against him.

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The revision is thus dismissed with the above directions.

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Record be returned forthwith.

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(SANDEEP MEHTA)J.

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/tarun goyal/

Arvind v. State and Ors.

Case brief

What is this about?

What did the court decide?

Arvind v. State and Ors.

Case brief

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