Partly allowed

Manish Raj v. Master Abhyoday

Rajasthan HC24 Jul 2023CMA/526/2022

Case brief

AI extract

What is this about?

This DB Civil Misc. Appeal involved an order under Section 26 of the Hindu Marriage Act regarding maintenance. The High Court allowed the appeal and modified the Family Court order, directing the respondent to pay Rs. 5000 per month from August 2023, with a direction to expedite divorce proceedings.

What did the court decide?

Modified the order to direct respondent to pay Rs. 5000/- monthly maintenance from August 2023 and expedite divorce proceedings.

Manish Raj Vs Master Abhyoday — Maintenance and Alimony | Rajasthan HC (2023)

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[2023:RJ-JD:23070-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Misc. Appeal No. 1148/2022

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Master Abyuday (Abhyuday) S/o Shri Manish Raj Soni, Aged About 7 Years, Minor Through His Natural Mother Smt. Hemlata W/o Shri Manish Raj Soni D/o Shri Ram Swaroop Ji Soni, Aged About 40 Years, R/o Moti Chowk, Jodhpur.

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----Appellant

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Versus

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Manish Raj S/o Shri Motilal Soni, Aged About 38 Years, R/o Ganga Bansi Sadan, Near Sanjeevni Hospital, Defeance Lab Road, Ratanada, Jodhpur.

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----Respondent

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Connected With

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D.B. Civil Misc. Appeal No. 526/2022

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Manish Raj S/o Shri Moti Lal, Aged About 40 Years, B/c Soni, R/o Ganga Banshi Sadan, Near Sanjivini Hospital, Defence Lab Road, Ratanada, Jodhpur (Raj.)

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----Appellant

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Versus

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Master Abhyoday S/o Shri Manish Raj Soni, Aged About 8 Years, Age About 8 Years, Minor Through Mother Smt. Hemlata W/o Shri Manish Raj Soni, Daughter Of Shri Ram Swaroop Ji Soni, R/o Moti Chowk, Jodhpur (Raj.)

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----Respondent

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For Appellant(s) : Mr Nitin Gokalani For Respondent(s) : Mr M.K.Trivedi Mr Moola Ram Choudhary Mr Manish Raj – respondent/appellant present in person

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Judgment / Order

24/07/2023

(2 of 3)

[2023:RJ-JD:23070-DB]

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[CMA-1148/2022]

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D.B. Civil Misc. Appeal No. 1148/2022

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This Civil Misc. Appeal is filed by the appellant through his natural guardian - Mother Smt. Hemlata being aggrieved with the order dated 24.02.2022 passed by Family Court No.3, Jodhpur (hereinafter to be referred as ‘the family court’) in Civil Original Suit No.272/2017 (101/2020), whereby the family court has disposed of the application filed on behalf of the appellant under Section 26 of the Hindu Marriage Act while directing the respondent - Manish Raj to pay monthly maintenance amount to the tune of Rs.4000/- to the appellant from 12.11.2021 through his natural guardian - mother till the appellant attains majority or till the conclusion of the divorce proceedings initiated by the respondent.

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2 We have heard learned counsel for the parties on merits at length, however, during the course of arguments, Mr M.K.Trivedi learned counsel for the respondent has submitted that the respondent is ready to pay monthly maintenance amount to the tune of Rs.5000/- per month to the appellant from the month of August, 2023 till the appellant attains majority or till the completion of divorce proceedings initiated by the respondent– Manish Raj. Respondent – Manish Raj, present in person, has also submitted that he is ready to pay monthly maintenance amount to the tune of Rs.5000/- per month to the appellant from the month of August, 2023.

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3 Mr Nitin Gokalani, learned counsel for the appellant has submitted that the appellant would be satisfied if the respondent – Manish Raj is directed to pay monthly maintenance amount to the tune of Rs.5000/from the month of August, 2023.

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In view of the above, this appeal (CMA No.1148/2022) is disposed of and the order dated 24.02.2022 passed by the family court is

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[CMA-1148/2022]

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[2023:RJ-JD:23070-DB]

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(3 of 3)

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modified to the extent that the respondent shall pay monthly maintenance amount to the tune of Rs.5000/- per month to the appellant through his natural guardian mother – Smt. Hemlata from August, 2023 till the appellant attains majority or till the completion of divorce proceedings initiated by the respondent– Manish Raj whichever is earlier. It is further directed that if any maintenance amount is due, the respondent shall pay the same in the month of August, 2023 itself. It is also directed that the respondent shall deposit the monthly maintenance amount Rs.5000/- in the bank account of mother of the appellant on the 10^th day of every month.

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It is expected that the family court shall expedite the divorce proceedings between the respondent and the mother of the appellant.

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Record of the family court be sent back forthwith.

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D.B. Civil Misc. Appeal No. 526/2022

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Learned counsel Mr M.K. Trivedi, on instructions, has submitted that he wants to withdraw this Misc. Appeal (CMA No.526/2022).

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Hence, this appeal (CMA No.526/2022) is dismissed as withdrawn.

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(YOGENDRA KUMAR PUROHIT),J

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(VIJAY BISHNOI),J

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masif/-D.R.

Manish Raj v. Master Abhyoday

Case brief

What is this about?

What did the court decide?

Manish Raj v. Master Abhyoday

Case brief

What is this about?

What did the court decide?

What the court decided

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