Dismissed

Devi Lal v. Madhu

Rajasthan HC23 Nov 2023CRLR/1383/2023

Case brief

AI extract

What is this about?

This judgment dismissed a criminal revision petition challenging an interim maintenance order of Rs.15,000 per month awarded under Section 125 Cr.P.C. The High Court upheld the interim award due to lack of illegality. It directed the lower court to decide the main application within one year.

What did the court decide?

The criminal revision petition is dismissed and the impugned interim order is upheld. The main application must be decided by the Family Court within one year.

Devi Lal Vs Madhu — Maintenance and Alimony | Rajasthan HC (2023)

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[2023:RJ-JD:40310]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 1383/2023

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Devi Lal S/o Unkar Lal, Aged About 45 Years, R/o- Kadiyawad At Present Principal Government Senior Secondary School, Kanodiya (Sabala), Tehsil Sabla, District Dungarpur

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----Petitioner

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Versus

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Madhu W/o Sh. Devi Lal, R/o- Kadiyawad At Present Bagwas, Tehsil Pratapgarh

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Ms. Manisha D/o Devi Lal, R/o- Kadiyawad At Present Bagwas, Tehsil Pratapgarh

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Chirjivi S/o Devi Lal, R/o- Kadiyawad At Present Bagwas, Tehsil Pratapgarh

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----Respondents

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For Petitioner(s) : Mr. Gajendra Panwar For Respondent(s) : -

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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23/11/2023

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The instant criminal revision petition under Section 397 Read with Section 401 Cr.P.C. has been filed by the petitioner against the order dated 04.09.2023 passed by the learned Judge of Family Court, Pratapgarh in Criminal Misc Case No.42/2022 whereby learned Judge has allowed the interim application filed by the respondents under Section 125 Cr.P.C. and directed the petitioner to pay Rs.15,000/- per month to the respondent No.1 as interim maintenance.

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Learned counsel for the petitioner submits that the learned Judge, without appreciating the material available on record and without assigning any cogent reason has awarded interim

[2023:RJ-JD:40310]

[CRLR-1383/2023]

(2 of 2)

maintenance in favour of respondent No.1. Counsel further submits that the interim maintenance as awarded by the learned Judge of Family Court, Pratapgarh is on higher side as the petitioner is not having enough income.

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Heard the learned counsel for the petitioner and perused the impugned order passed by the court below.

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The impugned order passed by the learned Judge of Family Court, Pratapgarh 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 interim maintenance of Rs.15,000/- per month to the respondent No.1. The order impugned do not suffer from any illegality and perversity, hence, no interference is called for from this Court.

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The revision petition stands dismissed accordingly. However, 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 one year from the date of receipt of certified copy of this order.

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Stay petition is also decided accordingly.

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(MANOJ KUMAR GARG),J

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34-raksha/-

Devi Lal v. Madhu

Case brief

What is this about?

What did the court decide?

Devi Lal v. Madhu

Case brief

What is this about?

What did the court decide?

What the court decided

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