Quashed

Vandana @ Pooja v. Nagendra Parihar

Rajasthan HC22 Sept 2021CRLR/154/2021

Case brief

AI extract

What is this about?

This High Court disposed of a S.B. Criminal Revision Petition quashing an ex-parte maintenance order. The Court directed the respondent to pay due maintenance in draft/cheque immediately. The order was quashed prospectively to allow a fresh trial on merits.

What did the court decide?

The impugned ex-parte order is quashed prospectively; the respondent directed to pay due maintenance in draft/cheque immediately.

Vandana @ Pooja Vs Nagendra Parihar — Maintenance and Alimony | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Revision Petition No. 154/2021

¶3

Smt. Vandana @ Pooja W/o Nagendra Parihar D/o Sh. Raj Kishore Gehlot, B/c Mali, R/o Plot No. 238, Ramdev Road, Masuria, P.s. Deonagar, Jodhpur.

¶4

Miss Manvi D/o Sh. Nagendra Parihar, aged about 05 years, minor through her Natural Guardian Mother Smt. Vandana @ Pooja, R/o Plot No. 238, Ramdev Road, Masuria, P.s. Devnagar, Jodhpur (Raj.).

¶5

Miss Kavya D/o Sh. Nagendra Parihar, aged about 07 months, minor through her Natural Guardian Mother Smt. Vandana @ Pooja, R/o Plot No. 238, Ramdev Road, Masuria, P.s. Devnagar, Jodhpur (Raj.).

¶6

----Petitioners

¶7

Versus

¶8

Nagendra Parihar S/o Sh. Motilal Parihar, Aged About 33 Years, B/c Mali, R/o Plot No. 69/3, Behind New Kohinoor Cinema, Masuria, P.s. Devnagar, Jodhpur (Raj.).

¶9

----Respondents For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Ratish Bhatnagar

¶10

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶11

Order

¶12

22/09/2021

¶13

In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

¶14

The impugned order is an ex-parte order.

¶15

Learned counsel for the respondent makes a submission that all maintenance granted vide impugned order till today shall be paid today in draft/cheque and the respondent may be given an opportunity to address the learned trial court on merits.

¶16

(2 of 2)

¶17

[CRLR-154/2021]

¶18

Upon such averment, learned counsel for the petitioners submits that in case the complete amount of maintenance is received till today, they have no objection to contest the matter on merits before the learned trial court for maintenance in future.

¶19

In light of such submission, the present petition is disposed of with the direction to the respondent to make payment in draft/cheque today itself as due till today vide impugned order, which remained in currency till today. The amount payable shall be paid today in accordance with the assurance given by the learned counsel for the respondent. It is made clear that the parties shall be free to raise their issues before the learned trial court, who shall expeditiously decide the maintenance proceedings afresh, strictly in accordance with law. The impugned order is accordingly quashed prospectively.

¶20

(DR.PUSHPENDRA SINGH BHATI),J.

¶21

Zeeshan

Vandana @ Pooja v. Nagendra Parihar

Case brief

What is this about?

What did the court decide?

Vandana @ Pooja v. Nagendra Parihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sukhram Vs State of Rajasthan

Jamana Lal Gayari Vs State of Rajasthan

Shrawannath Vs State of Rajasthan

Kuldeep Vs State

Heena Mehar Vs State of Rajasthan

Surendra Kumar Vs State of Rajasthan