The High Court dismissed the husband's plea for reduction of interim maintenance. The Court upheld the lower court's interim order of Rs. 10,000, later reduced by a revisional court to Rs. 8,000, finding no illegality or perversity.
The criminal misc. petition was dismissed. The court below was directed to decide the main application within six months.
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. 2931/2019
Ravi Kumar S/o Babu Lal, Aged About 26 Years, B/c Nayak, R/o Ward No 14, Near Ambedkar Park, Raisinghnagar, Tehsil Raisinghnagar, Distt. Sri Ganganagar
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Navneet Poonia For Respondent(s) : Mr. Muktiyar Khan, PP Mr. Himmat Jagga
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
18/11/2019
The instant misc petition has been filed by the petitionerhusband against the order dated 31.07.2018, passed by the learned Additional Chief Judicial Magistrate, Sri Karanpur whereby interim maintenance of Rs.10,000/- per month was awarded in favour of respondent-wife and the same was reduced by the learned Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar to the extent of Rs.8,000/- per month.
Counsel for the petitioner-husband submits that the learned courts below without appreciating the material available on record and without assigning any cogent reason have awarded interim maintenance in favour of the respondent-wife. Counsel further submits that the interim maintenance as awarded by the courts
(2 of 2)
[CRLMP-2931/2019]
below is on higher side as the petitioner-husband is not having enough income, therefore the same may be reduced appropriately.
Learned counsel for the respondent-wife submits that the interim maintenance as awarded by the courts below is on lower side and the same requires to be enhanced.
Heard the learned counsel for the parties and perused the impugned orders passed by the courts below.
The impugned order passed by the learned court below is an interim order. The final order on the application is yet to be passed by the court below. The learned court below after taking into consideration all the material available before it, has rightly awarded interim maintenance of Rs.10,000/- per month in favour of respondent-wife which was reduced by the revisonal court to the extent of Rs.8,000/- per month. The orders impugned do not suffer from any illegality and perversity, hence, no interference is called for from this Court.
The criminal misc. petition stand disposed of accordingly. The court below is directed to decide the main application after taking into consideration all the documents and material aspect of the matter as well as statements so recorded before it, within a period of six months from the date of receipt of certified copy of this order.
Stay petition also decided accordingly.
(MANOJ KUMAR GARG),J
112-MS/-
2 issues framed by the court
Whether the interim maintenance awarded by the court below should be interfered with on the ground of inadequacy or excessiveness.
Whether the impugned interim orders suffer from any illegality or perversity warranting intervention by this Court.
Ravi Kumar S/o Babu Lal
State Of Rajasthan
Mamta W/o Ravi Kumar
Manoj Kumar Garg
As recorded by the court registry
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