Partly allowed

Shyam Sunder v. State of Rajasthan

Rajasthan HC12 Oct 2022CRLMP/6196/2022

Case brief

AI extract

What is this about?

The Court allowed a petition seeking modification of an order under Section 125 CrPC directing immediate payment of maintenance arrears. Due to the petitioner's financial constraints, the Court permitted payment of the arrears in monthly installments of ₹11,000 along with the ongoing monthly maintenance.

What did the court decide?

Arrears of ₹77,000 payable in installments of ₹11,000 monthly from November 2022 to May 2023, in addition to the regular monthly maintenance of ₹7,000.

Shyam Sunder Vs State of Rajasthan — Maintenance and Alimony | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Criminal Misc(Pet.) No. 6196/2022

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Shyam Sunder S/o Bhanwar Das Vaishnav, Aged About 30 Years, R/o Daniyo Ki Kotdi, Amli Kalan, Tehsil Shahpura, District Bhilwara.

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----Petitioner

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Versus

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State of Rajasthan through PP

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Smt. Urmila W/o Shyam Sunder, Aged About 30 Years, R/o Daniyo Ki Kotdi, Amli Kalan, Tehsil Shahpura, District Bhilwara.

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----Respondents

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For Petitioner(s) : Ms. Shobha Prabhakar For Respondent(s) : Mr. Mool Singh Bhati, PP

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JUSTICE DINESH MEHTA Order

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12/10/2022

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By way of present petition, the petitioner has sought a limited indulgence in relation to the order dated 17.05.2022 passed by learned Additional Chief Judicial Magistrate, Shahpura, District Bhilwara (hereinafter referred to as ‘the trial court’) in relation to the arrears of maintenance amount.

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The facts appertain for the present purposes are that the respondent No.2 had filed an application for maintenance under Section 125 of the Code of Criminal Procedure (hereinafter referred to as “the code”) and accordingly, a monthly maintenance amount of ₹ 7,000/- payable to her was determined by the court. 3. According to the petitioner, he has been diligently paying amount of maintenance since 2020, however, due to certain financial constraints, he could not pay the monthly maintenance and the arrears have swollen up to ₹ 77,000/-. The trial court vide its order dated 17.05.2022 has directed the petitioner to deposit

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(2 of 2)

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[CRLMP-6196/2022]

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the entire due amount of ₹ 77,000/- forthwith, which is difficult for the petitioner.

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Ms. Prabhakar, learned counsel for the petitioner argued that the petitioner is drawing a meagre salary and unable to pay the arrears immediately, as he has other responsibilities and liabilities as well.

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Having regard to the facts and circumstances of the case, the present petition is partly allowed and the petitioner is permitted to pay the arrears of amount (₹ 77,000/-) in the following manner:-

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(i) Amount of ₹11,000/- on or before 15.11.2022;

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(ii) Amount of ₹11,000/- on or before 15.12.2022; (iii) Amount of ₹11,000/- on or before 15.01.2023;

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(iv) Amount of ₹11,000/- on or before 15.02.2023;

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(v) Amount of ₹11,000/- on or before 15.03.2023;

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(vi) Amount of ₹11,000/- on or before 15.04.2023;

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(vii) Amount of ₹11,000/- on or before 15.05.2023;

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Needless to observe that the aforesaid monthly amount of ₹11,000/- shall be over and above the due monthly amount of maintenance. In other words, the petitioner shall be required to pay monthly maintenance of ₹ 7,000/- per month.

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It is, however, made clear that in the event of petitioner’s failure to adhere to the above timeline, the trial court shall be free to proceed in accordance with law.

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The stay application also stands disposed of.

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(DINESH MEHTA),J

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214-Arvind/-

Shyam Sunder v. State of Rajasthan

Case brief

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Shyam Sunder v. State of Rajasthan

Case brief

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