Dismissed

Narayan Singh v. Smt Vidhya Devi and Anr.

Rajasthan HC11 Apr 2017CRLR/458/2017

Case brief

AI extract

What is this about?

The High Court at Jodhpur dismissed a criminal revision petition challenging a Gram Nyayalaya order for interim maintenance. The Court held that the trial court cannot decide maintainability at the interim stage and directed an expeditious conclusion to the proceedings.

What did the court decide?

The criminal revision petition was dismissed; the interim maintenance direction stands; the trial court is directed to decide the proceedings expeditiously.

Narayan Singh Vs Smt Vidhya Devi and Anr. — Domestic Violence | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision No. 458 / 2017

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Narayan Singh S/o Shri Gulab Singh, Aged About 61 Years, By Caste Rawat, Resident of Bhojpura (Narbad Khera), TehsilBeawer, District-Ajmer (Rajasthan).

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----Petitioner

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Versus

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Smt. Vidhya Devi W/o Shri Narayan Singh, By Caste Rawat, Resident of Bhojpura (Narbad Khera), Tehsil-Beawer, District-Ajmer (Rajasthan), At Present Residing At Kalaliya, P.S. Sendara, District-Pali.

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State of Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Shambhoo Singh

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For Respondent(s) : Mr. L.R. Upadhyay, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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11/04/2017

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This criminal revision petition has been filed by the petitioner being aggrieved with the order dated 18.03.2017 passed by the Additional Sessions Judge, Jaitaran (hereinafter referred to as the ‘appellate court’) in Criminal Appeal No. 55/2016, whereby the criminal appeal preferred by the petitioner has been dismissed.

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The said criminal appeal was preferred by the petitioner against the order dated 05.04.2016 passed by the Gram Nyayalaya, Raipur (hereinafter referred to as the ‘trial court‘) on an application in the proceedings under Section 12 of the

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(2 of 3)

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[CRLR-458/2017]

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Protection of Women from Domestic Violence Act, 2005 initiated at the instance of respondent- Vidhya Devi. Vide impugned order dated 05.04.2016, the trial court has directed the petitioner to pay interim maintenance in respect to the tune of Rs.2,500/- till the final decision of the proceedings under Section 12 of the Act of 2005.

¶19

Learned counsel for the petitioner has argued that the respondent- Vidhya Devi is living separately from the petitioner even before commencement of the Act of 2005 and, therefore, her application under Section 12 of the Act of 2005 is not maintainable and in view of the above, the direction given by the trial court to pay interim maintenance to the tune of Rs. 2,500/- to the respondent- Vidhya Devi is illegal. It is also contended that the said aspect of the matter has not been considered by the appellate court also and, therefore, both the orders passed by the court below are liable to be set aside.

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This Court is of the opinion that whether the proceedings initiated at the instance of respondent-Vidhya Devi are maintainable or not is a question which the trial court will decide at the time of final adjudication of the said proceedings and at the stage of directing to pay interim maintenance, the said question cannot be decided.

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In such circumstances, I do not find any merit in this criminal revision petition, however, the trial court is expected

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(3 of 3)

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[CRLR-458/2017]

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to decide the proceedings under Section 12 of the Act of 2005 initiated against the petitioner at the instance of respondentVidhya Devi expeditiously.

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Hence, this criminal revision petition is dismissed.

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(VIJAY BISHNOI)J.

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Taruna

Narayan Singh v. Smt Vidhya Devi and Anr.

Case brief

What is this about?

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Narayan Singh v. Smt Vidhya Devi and Anr.

Case brief

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What did the court decide?

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