Sonu Yadav vs Smt. Ritu Yadav
2023 Latest Caselaw 3433 MP

                                                                          1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRR No. 808 of 2023
                                                                (SONU YADAV Vs SMT. RITU YADAV)

                                      Dated : 27-02-2023
                                            Shri Priyank Awasthy - Advocate for the applicant.

                                            Issue notice to the respondent on payment of P.F within seven working

days by RAD mode.

Heard on I.A.No.4350/2023, which is an application filed by the applicant to stay the execution of the impugned order.

The respondent had filed an application Annexure-A/2 before the Court below for interim maintenance stating that she is unable to maintain herself. She has no independent source of income. She is dependent on her father.

Learned counsel for the applicant submits that a decree under Section 9 of Hindu Marriage Act has been passed and thereafter, a decree under Section 13 of Hindu Marriage Act has been passed against the respondent. Learned trial Court passed the impugned order after following the judgment passed by the Hon'ble Supreme Court in the cases of Rohitas Singh Vs. Ramendri 2000 CRLJ 1498 and Rajathi Vs. C.Ganeshan AIR 1999 SCC 2374.

The applicant refused the liability of maintenance of his wife on the ground that he is unemployed. Even otherwise, the applicant is responsible to maintain his wife.

Thus, this Court is not inclined to stay the execution proceeding in favour of the applicant.

I.A.No.4350/2023 is dismissed.

Signature Not Verified SAN

List for final hearing in due course. Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.01 16:04:03 IST

(SMT. ANJULI PALO) JUDGE anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.01 16:04:03 IST