Chandrabhaga Alias Chandrabhaga vs Kamla Bai
2021 Latest Caselaw 7778 MP

                                                                      1                           CRR-2970-2021
                                          The High Court Of Madhya Pradesh
                                                   CRR No. 2970 of 2021
                                             (CHANDRABHAGA ALIAS CHANDRABHAGA AND OTHERS Vs KAMLA BAI)

                                 1
                                 Jabalpur, Dated : 24-11-2021
                                         Shri A.S. Nema, learned counsel for the applicants.
                                         Office is directed to call for the record.
                                         Heard on the question of admission.
                                         Revision is admitted for final hearing.
                                         On payment of PF within one week, issue notice to the respondent,

returnable within four weeks.

Also heard on IA No.20246/2021, which is an application for grant of stay.

This criminal revision has been filed under Section 397/401 of the CrPC against the order dated 23.09.2021 passed by the Additional Judge to the Court of Additional Sessions Judge, Saunsar District Chhindwara in Criminal Revision No.60/2016 whereby learned ASJ, set aside the order dated 31/12/2015 passed by learend JMFC, Sausar, District Chhindwara in Criminal Case no.55/2014 and allowed the respondent's application filed under Section

125 of Cr.P.C. for getting maintenance from applicants who are step children of respondent and directed the applicants to pay Rs.4,000/- per month as maintenance to the respondent.

Learned counsel for the applicants submitted that the applicants are the step children of the respondent, so respondent in not entitled to get maintenance from them. In this regard, learned counsel for the applicants also placed reliance on the judgment passed by this Court in the case of Rewalal Arjun Babu and Another vs. Kamlabai Arjun Babu, reported in 1985, MPLJ, 541 and the judgment of the Apex Court passed in KirtiKant D. Vadodra Vs. State of Gujrat and Another reported in 1996 (4) SCC, 479.

Looking to the contention of learned counsel for the applicant, as an Signature Not Verified SAN interim measure, the execution of order dated 23.09.2021 passed in Criminal

Digitally signed by MANOJ NAIR Date: 2021.11.24 18:26:07 IST 2 CRR-2970-2021 Revision No.60/2016 by the Additional Judge to the Court of Additional Sessions Judge, Saunsar District Chhindwara shall remain stayed, till further orders.

List the matter after four weeks or service of notice whichever is earlier. C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

mn

Signature Not Verified SAN

Digitally signed by MANOJ NAIR Date: 2021.11.24 18:26:07 IST