The High Court dismissed criminal miscellaneous petitions challenging a Family Court order granting interim maintenance of Rs. 7,000 per month under Section 125 Cr.P.C. Finding no illegality, the Court rejected the plea.
Petitions and stay petitions dismissed.
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 Misc(Pet.) No. 2012 / 2017
Abhishek Saraswat S/o Gauri Shankar Saraswat, Aged About 36 Years, By Caste Brahmin, Resident of E-530, Sector 9, Chitrakoot Scheme, Ajmer Road, Jaipur (Raj.)
----Petitioner
Versus
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 1427 / 2017
Smt. Swati Sharma W/o Abhishek Saraswat D/o Pawan Kumar Sharma, Aged About 32 Years, R/o C/o Smt. Suman Sharma, House No. 3-D-10, Madhuban Housing Board, Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner/Respondent - Abhishek Saraswat: Mr. Hinglaj Dan Charan For Respondent/Petitioner- Swati Sharma : Mr. Vikas Chouhan For Respondent - State : Mr. V.S. Rajpurohit, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
15/03/2018
These criminal misc. petitions under Section 482 Cr.P.C. have been filed by the petitioners being aggrieved with the order dated
(2 of 2)
[CRLMP-2012/2017]
07.03.2017 passed by the Family Court No.1, Jodhpur (hereinafter to be referred as ‘the court below’) in Criminal Original Case No.61/2016, whereby the court below has allowed the application filed by Swati Sharma for interim maintenance and directed Abhishek Saraswat to pay her interim maintenance to the tune of
Rs.7000/- per month.
The petitioners are husband and wife and on account of some dispute between them, they are residing separately.
Swati Sharma has filed an application before the court below under Section 125 Cr.P.C. for directing Abhishek Saraswat to given her monthly maintenance. During the pendency of the proceedings under Section 125 Cr.P.C., Swati Sharma moved an application with a prayer for granting interim maintenance. The said application came to be allowed by the court below vide impugned order dated 07.03.2017, whereby the court below has directed Abhishek Saraswat to pay interim maintenance to Swati Sharma to the tune of Rs.7,000/- per month from the date of application. Being aggrieved with the same, both the petitioners have filed these criminal misc. petitions.
After hearing learned counsel for the parties and after going through the impugned order, I don’t find any illegality in the same.
Hence, these criminal misc. petitions are dismissed.
Stay petitions also stand dismissed.
(VIJAY BISHNOI),J.
Abhishek Kumar S.Nos.14-15
1 issue framed by the court
Whether the Family Court committed any illegality in allowing interim maintenance of Rs. 7,000/- per month under Section 125 Cr.P.C.
2 provisions across 1 enactments
Abhishek Saraswat
Swati Sharma
State of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
