Smt. Pushpa vs Sunil
2023 Latest Caselaw 12163 MP

                                                    1
                          IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                                  BEFORE
                                 HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                           ON THE 1 st OF AUGUST, 2023
                                       CRIMINAL REVISION No. 641 of 2022

                         BETWEEN:-
                         SUNIL S/O LAXMANSINGH JI SAGAR JATAV, AGED
                         ABOUT 38 YEARS, OCCUPATION: LABOUR PATHARI
                         YADAV MOHALLA, GANESH SCHOOK KE PICHHE,
                         BAGHANA NEEMUCH (MADHYA PRADESH)

                                                                            .....PETITIONER
                         (SANTOSH KUMAR MEENA, LEARNED COUNSEL FOR THE
                         PETITIONER/HUSBAND) .

                         AND
                         1.    SMT. PUSHPA W/O SUNIL SAGAR JAYAV, AGED
                               ABOUT    36  YEARS, OCCUPATION: SERVICE
                               PADMAVATI RESORT KE SAAMNE, INDRA
                               NAGAR GALI NO. 4 (MADHYA PRADESH)

                         2.    SUSHANT     MINOR     THROUGH    NATURAL
                               GUARDIAN MOTHER PUSHPA W/O SUNIL, AGED
                               ABOUT    36   YEARS, OCCUPATION: SERVICE
                               PADMAWATI RESORT KE SAMNE, INDIRA
                               NAGAR, GALI NO. 4, MANDSAUR (MADHYA
                               PRADESH)

                                                                          .....RESPONDENTS
                         (.
                                                        &
                                       CRIMINAL REVISION No. 696 of 2022

                         BETWEEN:-
                         1.    SMT. PUSHPA W/O SUNIL SAGAR JATAV, AGED
                               ABOUT 35 YEARS, OCCUPATION: NOTHING R/O
                               PATHARI YADAV MOHALLA BEHIND GANESH
                               SCHOOL, DIST NEEMUCH AT PRESENT INFRONT
                               PADMAWATI RESORT INDRA NAGAR GALI NO. 4
                               (MADHYA PRADESH)
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 8/2/2023
2:28:27 PM
                                                             2
                         2.    SHUSHANT SUNIL SAGAR JATAV MINOR
                               THROUGH NATURAL GUARDIAN MOTHER SMT.
                               PUSHPA W/O SUNIL SAGAR JATAV, AGED ABOUT
                               35  YEARS, OCCUPATION: NOTHING BEHIND
                               GANESH SCHOOL DISTT. NEEMUCH AND AT
                               PRESENT INFRONT PADAMWATI RESORT, INDRA
                               NAGAR GALI NO. 4 MANDSAUR (MADHYA
                               PRADESH)

                                                                                       .....PETITIONER
                         (SHRI NITIN VYAS, LEARNED COUNSEL FOR THE PETITIONERS/WIFE) .

                         AND
                         SUNIL S/O LAXMANSINGH SAGAR JATAV, AGED ABOUT
                         37 YEARS, OCCUPATION: SERVICE R/O PATHARI YADAV
                         MOHALLA BEHIND GANESH SCHOOL (MADHYA
                         PRADESH)

                                                                                     .....RESPONDENTS
                         (SANTOSH KUMAR MEENA, LEARNED COUNSEL FOR THE
                         RESPONDENT).

                               Th is revisions coming on for hearing this day, with the consent of
                         parties, both the petitioners are being heard analogously and are being
                         decided by this common order and the court passed the following:
                                                             ORDER

With the consent, heard finally.

1. The present revision petitions have been filed on behalf of both the parties under Section 19(4) of the family Courts Act being aggrieved by the the order dated 19.01.2022 passed in Case No.116/2020 whereby the learned Family Court has awarded Rs.2000/- per month in favour of respondent no.2/son. Hence, the present revisions before this Court.

2. Learned counsel for the respondent submits that the respondents have also filed a revision petition being aggrieved by the aforesaid judgment for enhancement of the maintenance while, counsel for the husband has filed for reduction of the maintenance amount.

Signature Not Verified Signed by: AMIT KUMAR Signing time: 8/2/2023 2:28:27 PM

3. During the course of arguments, without going into the merits of the case, both the parties have amicably arrived at a conclusion that the amount of maintenance in favour of respondent no.2/son can be enhanced to Rs.3000/- per month in place of Rs.2000/- per month from the date of filing of the application and it is also agreed that the respondents shall be at liberty to file appropriate application before the learned trial Court for execution/recovery of amount as well as for further enhancement of maintenance amount.

4. I have considered the rival contentions of both the parties and perused the impugned order also.

5. Since, the respondent/wife is not ready to live with the husband even after judgment and decree against her under Section 9 of the Hindu Marriage Act, the findings of the learned family Court is affirmed. So far as the maintenance to the child/son is concerned, in view of the aforesaid submissions made by counsel for the parties, the revision petition filed on behalf of respondents is partly allowed and the husband is directed to pay Rs.3000/- per month from the date of filing of the application.

6. The revision petition i.e. CRR No.641/2022 filed on behalf of the husband is dismissed in view of the submissions made by counsel for the parties.

7. With the aforesaid, the petitions stands disposed off.

8. A copy of this order be sent to the learned family Court concerned for information.

Certified copy, as per rules.

(PREM NARAYAN SINGH) Signature Not Verified Signed by: AMIT KUMAR Signing time: 8/2/2023 2:28:27 PM

JUDGE amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 8/2/2023 2:28:27 PM