Dismissed

Mahesh Chand Jangid and Ors. v. Smt Lada Jangid

Rajasthan HC29 Jul 2024CRLR/908/2017

Case brief

AI extract

What is this about?

High Court dismissed a criminal revision petition challenging an order enhancing interim maintenance for a wife from Rs.4,000 to Rs.5,000 based on the husband's financial status.

What did the court decide?

The criminal revision petition was dismissed and the order enhancing maintenance was upheld.

What the court decided

Mahesh Chand Jangid and Ors. Vs Smt Lada Jangid — Maintenance and Alimony | Rajasthan HC (2024)

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[2024:RJ-JP:31891]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 908/2017

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Mahesh Chand Jangid S/o Ramavatar Jangid, R/o Ward No. 1, Behind Petrol Pump, Jamat Niwai Distt. Tonk

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Mahavir Prasad Jangid S/o Shri Ramavatar Jangid, R/o Ward No. 1, Behind Petrol Pump, Jamat Niwai Distt. Tonk

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Ramavatar Jangid S/o Bhanwarlal Jangid, R/o Ward No. 1, Behind Petrol Pump, Jamat Niwai Distt. Tonk

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Smt. Geeta Devi W/o Ramavatar Jangid, R/o Ward No. 1, Behind Petrol Pump, Jamat Niwai Distt. Tonk

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Keshavkant Jangid S/o Ramavatar Jangid, R/o Ward No. 1, Behind Petrol Pump, Jamat Niwai Distt. Tonk

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----Petitioners

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Versus

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Smt. Lada Jangid W/o Shri Mahesh Chand Jangid D/o Shri Krishna Bihari Jangid, R/o Village Kishanpura Post Kacholia, Tehsil Bassi Distt. Jaipur

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----Respondent

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For Petitioner(s) : None present. For Respondent(s) : None present.

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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29/07/2024

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No one appears on behalf of the parties.

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The petitioners have preferred the present criminal revision petition against the order dated 25.02.2017 passed by the learned Additional Sessions Judge No.8, Jaipur Metropolitan in Criminal Appeal No.108/2016 (1265/2015) whereby the order of grant of maintenance of Rs.4,000/- to the respondent wife was challenged.

¶19

Vide impugned order dated 25.02.2017, the learned Appellate Court partly allowed the appeal preferred by the

[2024:RJ-JP:31891]

[CRLR-908/2017]

(2 of 3)

respondent-wife and enhanced the interim maintenance from Rs.4,000/- to Rs.5,000/-.

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The petitioners have challenged the impugned order dated 25.02.2017 on the grounds that the petitioner No.1 was ready to keep her wife and child with him but the Courts below did not consider the fact. It is also averred in the revision petition that both the Courts below passed the order of grant of maintenance without considering the facts available on record. The aforesaid order is arbitrary and passed without application of mind, therefore, the order passed by the learned Appellate Court may be quashed.

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I have carefully perused the orders passed by the learned Courts below and the material available on record. 6. Both the Courts below have arrived at the finding that petitioner No.1 was not maintaining his wife and after considering the financial status of the petitioner No.1, the learned trial Court granted maintenance of Rs.4,000/- as an interim measure till the decision of the main petition.

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Thereafter, respondent-wife challenged the order of the learned trial Court on the issue of quantum. 8. The learned Appellate Court after considering the financial status of the petitioner No.1, arrived at the finding that petitioner No.1 is liable to pay Rs.5,000/- per month as maintenance to the respondent-wife.

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In view of the above, I do not find any cogent reasons to disturb the concurrent findings arrived at by the learned Courts below.

[2024:RJ-JP:31891]

[CRLR-908/2017]

(3 of 3)

Hence, the present criminal revision petition is devoid of any merit and the same is accordingly dismissed.

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Pending application(s), if any also stands disposed.

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(PRAVEER BHATNAGAR),J

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367-Rahul Joshi

Mahesh Chand Jangid and Ors. v. Smt Lada Jangid

Case brief

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What the court decided

Mahesh Chand Jangid and Ors. v. Smt Lada Jangid

Case brief

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What did the court decide?

What the court decided

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