Dismissed

Sunil Purohit v. State of Rajasthan

Rajasthan HC1 Nov 2019CRLR/775/2019

Case brief

AI extract

What is this about?

The High Court dismissed a criminal revision petition challenging an interim maintenance order. It held the lower court acted rightly and directed it to decide the main application within six months, noting the petitioner is ready to allow the respondent to reside with him.

What did the court decide?

Petitioner directed to file an application for residence; trial court to decide main application within six months.

Sunil Purohit Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 775/2019

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Sunil Purohit S/o Shri Ramlal, Aged About 38 Years, B/c Purohit, R/o Village Rampura, Mathania, Tehsil And District Jodhpur

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Purnima W/o Sunil Purohit, D/o Mangilal Rajpurohit B/c Rajpurohit, At Present Teacher At Bodhi International School, Shikargarh Road, Jodhpur

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----Respondents

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For Petitioner(s) For Respondent(s)

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: Mr. Dhirendra Singh : Mr. Vikram Sharma, PP Mr. Kshmendra Mathur

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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01/11/2019

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Instant criminal revision petition has been filed by the petitioner-husband against the order dated 29.05.2019 passed by the learned Addl. Sessions Judge, Women Atrocities Cases, Jodhpur Metropolitan, Jodhpur, whereby the learned Judge has enhanced the interim maintenance and also allowed the respondent for residence in the house of the petitioner.

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Counsel for the petitioner submits that the learned appellate Court without appreciating the material available on record and without assigning any cogent reason, has enhanced the interim maintenance in favour of the respondents and also allowed the respondent for residence in the house of the petitioner. Counsel further submits that the interim maintenance as awarded by the appellate Court is on higher side as the petitioner is not having

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(2 of 2)

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enough income, therefore the order dated 29.5.2019 passed by the learned Addl. Sessions Judge, Women Atrocities Cases, Jodhpur Metropolitan, Jodhpur may be quashed and set aside.

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Heard the learned counsel for the petitioner and perused the impugned order passed by the court below.

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The impugned order passed by the learned appellate Court 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 passed the order dated 29.05.2019. The order impugned do not suffer from any illegality and perversity, hence, no interference is called for from this Court.

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Learned counsel Shri Dhirendra Singh submits that the petitioner-husband Sunil Purohit is ready to keep the respondentwife with him. Therefore, the petitioner-husband is directed file an appropriate application before the trial Court for the aforesaid purpose. Upon fling such application, the trial Court will decide the same in accordance with law expeditiously.

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The criminal revision 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.

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Stay application also decided accordingly.

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(MANOJ KUMAR GARG),J

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59 Ishan/-

Sunil Purohit v. State of Rajasthan

Case brief

What is this about?

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Sunil Purohit v. State of Rajasthan

Case brief

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