Disposed

Jeevan Ram Meena S/O Late Shri Kanhiya Lal v. Munni Meena W/O Shri Jeevan Ram Meena

Rajasthan HC3 Oct 2023CRLR/164/2023

Case brief

AI extract

What is this about?

Revision petition regarding civil jail sentencing for non-payment of maintenance. Petitioner filed application to reduce maintenance pending disposal. Court directed remaining installment and disposal of pending application within four months, stopping further recovery.

What did the court decide?

Remaining amount of Rs. 38,000 to be paid in four equal monthly installments; pending application under Section 127 Cr.P.C. to be disposed within four months; no further recovery effectable.

Jeevan Ram Meena S/O Late Shri Kanhiya Lal Vs… — Maintenance and Alimony | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 164/2023

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Jeevan Ram Meena S/o Late Shri Kanhiya Lal, Aged About 58 Years, R/o House No. 124, Saraswati Colony, Rangpur Road, Roteda Road, Gali No 1 Kota Rajasthan (Accused Is Confined In Central Jail Kota From 18.01.2023)

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----Petitioner

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Versus

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Munni Meena W/o Shri Jeevan Ram Meena, Aged About 48 Years, R/o Gali No. 1, House No. 124, Saraswati Colony, Kota Rajasthan At Present Residing At Gali No. 10, Saraswati Colony, Rangpur Road Kota Junction Kota Rajasthan

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----Respondent

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For Petitioner(s)	: Mr. Atul Kumar Jain
	Mr. Hemraj Rodiya
For Respondent(s)	: Dr. Shivendra Singh Rathore

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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03/10/2023

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Heard learned counsels for the parties.

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Instant revision petition is preferred aggrieved from order dated 18.01.2023 in Criminal Misc. Case No.124/2020 (CIS No. 1264/2020) passed by learned Family Court No.2, Kota wherein on non-payment of ₹96,000/- petitioner was sent to civil jail under Section 125(3) of Cr.P.C.

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During the course of arguments, Learned counsel for petitioner submits that an application under Section 127 Cr.P.C. was filed by him which is currently pending before the Family Court. Instead of deciding the aforesaid application, the Family Court initiated the process to recover the amount from petitioner.

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[CRLR-164/2023]

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(2 of 2)

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He further submitted that he had already deposited ₹58,000/- and only ₹38,000/- remains pending. He further submits that learned Trial Court be directed to dispose of the petition under Section 127 Cr.P.C. within a time bound period.

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Learned counsel for respondent-complainant submits that if petitioner deposits the remaining amount of ₹38,000/- then he has no objection in passing the direction to the Trial Court. Learned Counsel for Petitioner agrees to aforesaid but he has requested for installments.

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Having considered the submissions of learned counsels for both the parties, the petition is disposed of in following terms:(1) The petitioner has already deposited ₹58,000/- and remaining ₹38,000/- shall be deposited/paid to respondent-applicant in four equal monthly installments.

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(2) The application of petitioner under Section 127 Cr.P.C pending before the Family Court shall be disposed of within a period of four months from receipt a copy of this order. In the meanwhile no further recovery will be effected from petitioner.

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Misc. application, if any, stands disposed of.

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(ASHOK KUMAR JAIN),J

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Arun/134

Jeevan Ram Meena S/O Late Shri Kanhiya Lal v. Munni Meena W/O Shri Jeevan Ram Meena

Case brief

What is this about?

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Jeevan Ram Meena S/O Late Shri Kanhiya Lal v. Munni Meena W/O Shri Jeevan Ram Meena

Case brief

What is this about?

What did the court decide?

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