Partly allowed

Shiv Raj Assavara S/O Shri Ram Gopal Assarvara v. Smt. Meera Devi W/O Shri Shiv Raj Assavara, D/O Shri Kishan Sugaliya

Rajasthan HC29 May 2023CMAP/222/2022

Case brief

AI extract

What is this about?

In a miscellaneous appeal regarding maintenance, the High Court held that the wife 's entitlement to the fixed deposit receipt amount held by the Family Court as permanent alimony cannot be disputed. The Court directed the immediate release of this matured amount to the applicant-wife.

What did the court decide?

Direction released forthwith in favour of the applicant-wife; the civil miscellaneous application disposed of.

Shiv Raj Assavara S/O Shri Ram Gopal Assarvara Vs… — Maintenance and Alimony | Rajasthan HC (2023)

¶1

[2023/RJJP/012324]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Civil Miscellaneous Application No. 222/2022

¶4

¶5

D.B. Civil Miscellaneous Appeal No. 1314/2008

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Shiv Raj Assavara S/o Shri Ram Gopal Assarvara, Aged About 42 Years, R/o House No. 754/49, Shiv Colony, Mali Mohalla, Kundan Nagar, Ajmer.

¶7

----Appellant

¶8

Versus

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Smt. Meera Devi W/o Shri Shiv Raj Assavara, D/o Shri Kishan Sugaliya, Aged about 39 years, R/o Post Kadeda, Tehsil Kekri, District Ajmer.

¶10

----Respondent

¶11

For Applicant(s) : Mrs. Sudesh Kasana

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

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29/05/2023

¶14

The instant miscellaneous application has been filed on behalf of the applicant-respondent seeking modification of the order dated 25.08.2011 passed by the Coordinate Bench of this Court while deciding S.B. Civil Miscellaneous Appeal No.1314/2008 filed by the appellant-husband.

¶15

Learned counsel for the applicant-wife submitted that this Court, while deciding the miscellaneous appeal, modified the order dated 30.01.2008, whereby the application filed by the appellanthusband seeking divorce was dismissed.

[2023/RJJP/012324]

[CMAP-222/2022]

(2 of 3)

Learned counsel further submitted that this Court vide order dated 25.08.2011 modified the order dated 30.01.2008, while directing the husband to pay permanent alimony of Rs.3,00,000/in favour of the applicant-wife and the said amount was directed to be deposited in the Family Court, Ajmer and thereafter decree of divorce was to be granted.

¶20

Learned counsel further submitted that in pursuance to the said order, the respondent-husband had deposited Rs.3,00,000/with the Family Court, Ajmer and the Family Court had directed to keep 50% of the amount i.e. Rs.1,50,000/- in FDR for a period of five years and rest of the amount was directed to be transferred in the Savings Account of the applicant-wife.

¶21

Learned counsel further submitted that the applicant-wife in order to buy a residential plot for herself, moved an application before the Court below to release the said samount kept in FDR, however, the said application was not permitted as there was no specific direction given by this Court for the same.

¶22

Learned counsel for the applicant-wife submitted that the applicant-wife had also moved an application before this Court, however, the Coordinate Bench of this Court dismissed the said application vide order dated 14.07.2022 for avoiding appropriate remedy.

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Learned counsel further submitted that the applicant-wife is in dire need of the money, however the same is not released in her favour and further, the Coordinate Bench of this Court asked the applicant-wife to move the application for modification and as such, she has approached this Court.

¶24

Heard learned counsel for the applicant-wife.

[2023/RJJP/012324]

[CMAP-222/2022]

(3 of 3)

We find that the order dated 25.08.2011, was passed by the Coordinate Bench of this Court granting the decree of divorce to the parties, however, a condition was prescribed for depositing of Rs.3,00,000/- as a permanent alimony in the Family Court, Ajmer and 50% of the amount i.e. Rs.1,50,000/- was to be deposited in FDR for a period of five years, whereas rest of the amount, was to be transferred in the Savings Account of the applicant-wife.

¶29

We find that after maturity of FDR, the amount along with the interest, ought to be released in favour of the applicant-wife.

¶30

This Court, accordingly, orders that the entitlement of applicant-wife can not be denied only on account of no clear direction given by this Court, while passing the order dated 25.08.2011.

¶31

However, this goes without saying that if the permanent alimony was granted in favour of the applicant-wife and the same has been kept in FDR, the entitlement of applicant-wife, cannot be disputed and the said amount is to be released in her favour.

¶32

Accordingly, the civil miscellaneous application stands disposed of.

¶33

This Court, accordingly, directs that the amount kept in FDR in State Bank of India, Kadeda, Ajmer shall be released forthwith in favour of the applicant-wife.

¶34

(ASHUTOSH KUMAR), J

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(ASHOK KUMAR GAUR), J

¶36

AARZOO ARORA/18

Shiv Raj Assavara S/O Shri Ram Gopal Assarvara v. Smt. Meera Devi W/O Shri Shiv Raj Assavara, D/O Shri Kishan Sugaliya

Case brief

What is this about?

What did the court decide?

Shiv Raj Assavara S/O Shri Ram Gopal Assarvara v. Smt. Meera Devi W/O Shri Shiv Raj Assavara, D/O Shri Kishan Sugaliya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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