Madhya Pradesh High Court
Ritesh vs Smt. Bharti on 20 July, 2023
Author: Prem Narayan Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 20 th OF JULY, 2023
CRIMINAL REVISION No. 1588 of 2020
BETWEEN:-
RITESH S/O LATE ASHOK BINGULE, AGED ABOUT 37
Y E A R S , OCCUPATION: NAUKARI I-3, NARMADA
SINCHAI COLONY, RAVINDRA NAGAR, MEDICARE
HOSPITAL KI GALI, PALASIA, INDORE (MADHYA
PRADESH)
.....PETITIONER
(SHRI ARPIT SINGH, LEARNED COUNSEL FOR THE PETITIONER [P-1].
AND
1. SMT. BHARTI W/O RITESH BIGULE OCCUPATION:
HOUSEWIFE 239, GEETA NAGAR, DHAR ROAD,
SIRPUR (MADHYA PRADESH)
2. AARAV BIGLE S/O RITESH BIGULE MINOR
THROUG GUARDIAN MOTHER SMT BHARTI W/O
RITESH OCCUPATION: HOUSEWIFE R/O: 239,
GEETA NAGAR, DHAR ROAD, SIRPUR, INDORE
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI SONALI RAJORIA, LEARNED COUNSEL FOR THE RESPONDENT
[R-1].
This application coming on for ADMISSION, after hearing the counsel
for the parties, the court passed the following:
ORDER
1. Heard on I.A. No.2633/2020, an application for condonation of delay.
2. The revision petition is barred by 32 days.
3. For the reasons assigned in the application which is supported with an
affidavit, the delay stands condoned.
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 7/22/2023
1:33:15 PM
4. The petitioner has filed the present petition under Section 19(4) of the
Family Court Act R/W Section 397/401 of Cr.P.C. being aggrieved by the
order 06.01.2020 passed by Second Additional Principal Judge, Family Court,
District Indore in MJC No.13/2019, whereby the learned Family Court has
awarded interim maintenance of Rs.10000/- per month in favour of the
respondent no.1/wife and Rs.5000/- per month in favour of respondent
no.2/son on the application of the filed under Section 125 of Cr.P.C.
5. Brief facts of the case are that the marriage of the petitioner and
respondent no.1 was solemnized as per Hindu rituals and customs and the same
is not disputed. Out of the said wedlock, they were blessed with respondent
no.2. It is alleged that after the marriage, due to some family dispute between
the husband and wife, respondent/wife started residing separate with her
relatives and filed an application before the Family Court, Indore under section
125 of Cr.P.C. and vide the impugned order, the learned Family Court has
awarded total interim maintenance of Rs.15000/- per month. Hence, the present
petition.
6. Learned counsel for the petitioner submits that the impugned order is
against the law and in contravention of principals of natural justice. It is further
submitted that the learned Family court has awarded the interim maintenance on
higher side @ Rs.15000/- per month whereas the net income of the petitioner is
only approximately Rs.25000/-. Hence prays for setting aside the impugned
order.
7. On the other hand, learned counsel for the respondent submits that
learned family court, after due consideration of the record has awarded the
interim maintenance. It is further submitted that warrant has already been issued
Signature Not Verified
against the petitioner because till date not a single penny has been deposited by
Signed by: AMIT KUMAR
Signing time: 7/22/2023
1:33:15 PM
the petitioner. Hence, prays for dismissal of the petition.
8. During the Course of arguments, it emerge that the petitioner is now
getting only Rs.30000/- per month as salary. Hence, in the light of the judgment
rendered in the case of Kalyan Dey Choudhary vs. Rita Dey Choudhary [AIR
2017 (SC) 2383], learned counsel for the petitioner made a proposal before this
Court that the petitioner is working as peon and he is ready to deposit the entire
amount in easy installments in a period of six months from today, if the interim
maintenance is awarded in total Rs.10000/- per month in lieu of Rs.15000/- per
month.
9. Counsel for the respondent has not disputed or opposed the proposal
looking to the fact that till date no amount has been deposited by the petitioner.
10. I have heard the counsel for the parties and perused the record.
11. From the bare perusal of the record as well as looking to the proposal
made by counsel for the petitioner and no objection of counsel for the
respondents, in the considered opinion of this Court it would be appropriate to
modify the impugned order of interim maintenance to the extent that in place of
total Rs.15000/- per month, the petitioner shall pay the amount of Rs.10000/-
per month as interim maintenance (Rs.6000/- per month in favour of wife and
Rs.4000/- per month in favour of respondent no.2/son).
12. The petitioner shall deposit the entire amount of remaining interim
maintenance in six equal installments i.e. on or before 05 day of every month
and first installment shall be due by 05.08.2023, as may fix by the learned
Family Court.
13. In addition, till the final order of maintenance, the petitioner shall also
pay the monthly interim maintenance regularly without fail.
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 7/22/2023
1:33:15 PM
14. It is made clear that in case of single failure in depositing the amount
of any installment or regular monthly payment of interim maintenance, the
learned Family court shall be at liberty to take any action against the petitioner in
accordance with law.
15. A copy of this order be sent to the learned Family court concerned
for necessary compliance.
16. With the aforesaid, the petition stands disposed off.
Pending application, if any, also closed.
Certified copy, as per rules.
(PREM NARAYAN SINGH)
JUDGE
amit
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 7/22/2023
1:33:15 PM
