Dismissed

Rajkumar v. Smt Gayatri and Ors.

Rajasthan HC3 Apr 2017CRLR/483/2017

Case brief

AI extract

What is this about?

The High Court dismissed a revision petition challenging the award of additional maintenance under Section 125 Cr.P.C. to minor children alongside interim maintenance under the Domestic Violence Act. The Court held that the two provisions are not mutually exclusive.

What did the court decide?

The revision petition was dismissed holding that Section 125 Cr.P.C. and the Domestic Violence Act are not mutually exclusive remedies for maintenance.

Rajkumar Vs Smt Gayatri and Ors. — Maintenance and Alimony | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision No. 483 / 2017

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Rajkumar S/o Tejkaran B/c Yadav, R/o Karni Nagar Nanta Barda, Near Murga Farm (kalbeliya Basthi) Police Station Kunhadi, Kota (raj.)

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----Petitioner

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Versus

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Smt. Gayatri W/o Rajkumar B/c Yadav, R/o Karni Nagar Nanta, Near Murga Farm (kallbeliya Basthi) Police Station Kunhadi, Kota (raj.) At Present R/o Near Mahaveer Milk Dairy, Balakund Keshavpura, Kota (raj.)

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Priya D/o Rajkumar, Aged About 8 Years, Being Minor Through Their Mother and Natural Guardian Smt. Gayatri W/o Rajkumar R/o Karni Nagar Nanta, Near Murga Farm (kallbeliya Basthi) Police Station Kunhadi, Kota (raj.) At Present R/o Near Mahaveer Milk Dairy, Balakund Keshavpura, Kota (raj.)

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Shekhar S/o Rajkumar, Aged About 6 Years, Being Minor Through Their Mother and Natural Guardian Smt. Gayatri W/o Rajkumar R/o Karni Nagar Nanta, Near Murga Farm (kallbeliya Basthi) Police Station Kunhadi, Kota (raj.) At Present R/o Near Mahaveer Milk Dairy, Balakund Keshavpura, Kota (raj.)

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----Respondents

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For Petitioner(s) : Mr. S.S. Hasan

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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03/04/2017

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Petitioner has preferred this revision petition aggrieved by order dated 20.01.2017 vide which the Court below has awarded Rs.250 each to respondent No.2 and 3 who are daughter and son of the petitioner in addition to the interim maintenance under the Domestic Violence act.

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2 It is contended by the counsel for the petitioner that as respondents have been awarded interim maintenance under the

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(2 of 2)

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[CRLR-483/2017]

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Domestic Violence Act, there was no occasion for the Court below to have awarded additional Rs.250 each to respondent No.2 and 3 under Section 125 Cr.P.C.

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I have considered the contentions.

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Merely because interim maintenance has been awarded under the Domestic Violence Act, the Court is not debarred from awarding additional amount as maintenance under Section 125 Cr.P.C.

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Granting of Rs.250 per month to son and daughter of the petitioner cannot be said to be excessive or dehors the code.

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No ground is made out for entertaining the revision petition.

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The revision petition is, accordingly, dismissed.

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(PANKAJ BHANDARI)J.

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Arti/137

Rajkumar v. Smt Gayatri and Ors.

Case brief

What is this about?

What did the court decide?

Rajkumar v. Smt Gayatri and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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