Housilal vs Lakshmi
2023 Latest Caselaw 1081 MP

Citation : 2023 Latest Caselaw 1081 MP
Judgement Date : 18 January, 2023

Madhya Pradesh High Court

Housilal vs Lakshmi on 18 January, 2023

Author: Vijay Kumar Shukla

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRR No. 136 of 2023
                                                    (HOUSILAL Vs LAKSHMI AND OTHERS)

                           Dated : 18-01-2023
                                 Shri Arjun Agrawal, learned counsel for the petitioner.


                                 Heard on admission and also on I.A No.504/2023.
                                 The present Revision is filed against the order passed by the Principal
                           Judge, Family Court, Indore whereby the application under Section 125 of
                           CrPC filed by the respondent Nos. 1 and 2 has been dismissed but the

application filed by the respondent No.3 has been allowed and the applicant has been directed to pay maintenance of Rs. 3000/- per month from the date of application to respondent No.3.

Counsel for the applicant submits that while passing the order of maintenance in favour of the respondent No.3 the Court has failed to record reasons for awarding the same from the date of application. In support of his submissions he has placed reliance on a judgment passed by the Apex Court in the case of Jaiminiben Hirenbhai Vyas & Anr. Vs. Hirenbhai Rameshchandra Vyas & Anr. reported in (2015) 2 SCC 385.

Issue notice to the respondents on payment of P.F within 7 working days on admission as well as on I.A by registered mode with due acknowledgement, returnable within 4 weeks.

Till the next date of hearing, the operation of the impugned order regarding payment arrears of maintenance from the date of application to the respondent No.3 shall remain stayed subject to deposit of the arrears of maintenance to respondent No.3 from the date of order and the applicant shall continue to pay monthly maintenance of Rs. 3000/- to the respondent No.3. Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 19-01-2023 18:06:44

(VIJAY KUMAR SHUKLA) JUDGE

Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 19-01-2023 18:06:44