Dismissed

Badrinarayan Gehlot S/O Lt. Shri Bhanu Ram B/C Mali v. State of Rajasthan

Rajasthan HC15 May 2024CRLR/351/2020

Case brief

AI extract

What is this about?

Rajasthan High Court dismissed a criminal revision petition challenging an enhancement of monthly maintenance under Section 127 Cr.P.C. The Court upheld the Family Court order finding the increase justified based on the petitioner's financial status and retiral dues.

What did the court decide?

Revision petition dismissed; Family Court order upholding enhanced maintenance of Rs. 7,500 per month affirmed.

Badrinarayan Gehlot S/O Lt. Shri Bhanu Ram B/C… — Maintenance and Alimony | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 351/2020

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Badrinarayan Gehlot S/o Lt. Shri Bhanu Ram, Aged About 72 Years, R/o Suliyabera Farm, Umedsagar, Post Chokha, Jodhpur Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its P.P. High Court Campus, Janpath, Jaipur Raj.

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Laxmi Gehlot D/o Lt. Shri C.s. Kachwaha, R/o Gulab Bari, Near Railway Crossing Gate No. 44 Naka Madar, Ajmer Raj.

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----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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15/05/2024

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The instant revision petition has been filed by the petitioner against the impugned order dated 21.01.2020 passed by the Family Court No.1, Ajmer by which the application filed by the respondent-wife under Section 127 of Cr.P.C. was allowed and maintenance, as ordered earlier of Rs.2,500/- per month, has been enhanced to Rs.7,500/- per month.

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Contents of the petition indicate that marriage of the petitioner was solemnized with the respondent-wife and owing to some matrimonial dispute between the parties, the respondentwife submitted an application under Section 125 Cr.P.C. and the same was allowed and the petitioner was directed to pay the

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[CRLR-351/2020]

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(2 of 3)

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maintenance of Rs.1,500/- per month to the respondent No.2wife. Subsequently, the amount of Rs. 1,500/- was increased to Rs.2,500/- per month vide order dated 02.07.2013 by the Family Court, Ajmer.

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Looking to the increase of dearness and day to day expenses it became difficult for a person to lead a normal daily life, hence under these circumstances the respondent submitted an application seeking enhancement of the amount of maintenance of Rs.2,500/- per month. After considering the fact that the petitioner was a Senior Teacher and was getting a salary of Rs.37,000/- per month and after his retirement, he got an amount of Rs.35,00,000/- as retiral dues, the Family Court allowed the application filed by the respondent No.2 under Section 127 of Cr.P.C. and increased the amount of maintenance from Rs.2,500/to Rs.7,500/- per month by passing a reasoned and cogent order dated 21.01.2020.

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The provisions contained under Section 125 Cr.P.C. as a measure of social justice, intends to protect the right of the wife and minor children with the object to prevent vagrancy and destitution as held by the Hon’ble Apex Court in the case of Dwarika Prasad Satpathy Vs. Bidyut Prava Dixit And Another reported in AIR 1999 SC 3348.

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This Court finds no error in the order impugned passed by the Family Court dated 21.01.2020. The petitioner cannot be allowed to escape from his liability from making payment of enhanced maintenance to the respondent No. 2. The order passed

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(3 of 3)

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[CRLR-351/2020]

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by the Family Court, Ajmer is just and proper, which requires no interference of this Court.

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Accordingly, the instant revision petition stands dismissed. The stay application and all pending applications, if any, stand disposed of.

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(ANOOP KUMAR DHAND),J

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Aayush Sharma/32

Badrinarayan Gehlot S/O Lt. Shri Bhanu Ram B/C Mali v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Badrinarayan Gehlot S/O Lt. Shri Bhanu Ram B/C Mali v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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