High Court disposed of S.B. Criminal Revision Petition challenging interim maintenance order. Court found no illegality and upheld the amount awarded by the lower court while directing decision of the main application within six months.
Imposed six-month time limit for the lower court to decide the main application regarding the interim maintenance.
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 Revision Petition No. 689/2019
----Petitioners
Versus
Bajrang Singh, S/o Lt. Idaan Singh B/c Charan, R/o Mehra Joto Ka Baas, Marwar Mathania, District Jodhpur, Ps Mathania
----Respondent
For Petitioner(s) : Dr. R.D.S.S Kharlia For Respondent(s) : Mr. Suresh Charan
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/01/2020
Instant criminal revision petition under Section 397/401 Cr.P.C. has been filed by the petitioners against the orders dated 20.08.2018 & 30.04.2019 passed by the learned Metropolitan Magistrate No.5, Jodhpur Metropolitan & learned Addl. Sessions Judge (Women Atrocity Cases), Jodhpur Metropolitan, Jodhpur whereby the both the learned Judge has did not consider the appeal of the petitioners and the amount of interim maintenance of Rs.12,000/- (Rs.4,000/- each) has been awarded.
Counsel for the petitioners submits that the learned appellate
(2 of 2)
[CRLR-689/2019]
Courts without appreciating the material available on record and without assigning any cogent reason has awarded the interim maintenance. Counsel for the petitioners submits that the respondent-husband is having agriculture land and his income from agriculture land is about Rs.6,00,000/- per annum yet the learned appellate Court has awarded the interim maintenance which is on the lower side and same is liable to be enhanced.
Heard the learned counsel for the petitioners and perused the impugned order passed by the court below.
The impugned order passed by the learned Addl. Sessions Judge (Women Atrocity Cases), Jodhpur 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 the interim maintenance of Rs.12,000/- per month in favour of the petitioners. The order impugned do not suffer from any illegality and perversity, hence, no interference is called for from this Court.
The criminal revision petition stands 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.
(MANOJ KUMAR GARG),J
80-Ishan/-
2 issues framed by the court
Whether the High Court should interfere with the interim maintenance order passed by the court below.
Whether the interim maintenance awarded is liable to be enhanced on the ground of the husband's income.
2 provisions across 1 enactments
Harshita W/o Sh. Bajrang Singh Amrawat
Manvardhani D/o Bajrang Singh
Tejaswani D/o Bajrang Singh
Bajrang Singh
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
