Shilpi Shrivastava vs Varun Gopal
2021 Latest Caselaw 1452 Chatt

                          HIGH COURT OF CHHATTISGARH, BILASPUR

                                           Order Sheet

                                     CRMP No. 750 of 2021

                              Shilpi Shrivastava Versus Varun Gopal




29/07/2021         Mr.     Shreyankar Nandy, Advocate along with Ms. Shipi Shrivastava,
             Petitioner in person.
                   Heard on admission.
                   This application under Section 482 CrPC has been filed by the petitioner for
             recalling and modifying the order dated 7.4.2021 passed by this Court in the
             revision petition CRR No.1102/2019 & CRR No.90/2017.
                   It is submitted by petitioner in person and her counsel, that this Court has
             ordered the payment of maintenance from the date the Family Court have ordered.
                   Reliance has been placed on the judgment of Supreme Court in Rajnesh v.
             Neha & another, reported in 2020 SCC OnLine SC 903. It is submitted that the
             Supreme Court has held that maintenance should be ordered from the date of
             filing of the application not from any subsequent date. It is also submitted, that the
             respondent has other sources of income, which are the rent received from his

property, therefore, the petitioner should also be granted rental share of 30% in that rental income. It is prayed that the petition be admitted and relief be granted as prayed.

After considering on the submissions and looking to the case law cited, before passing any orders, it is ordered that respondent should be served with notice.

Notice be issued to the respondent. PF as per rules. List this case after six weeks.

Sd/-

(Rajendra Chandra Singh Samant) Judge

Nisha