Nitin vs Meghna
2023 Latest Caselaw 11375 MP

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                                 IN THE        HIGH COURT OF MADHYA
                                                   PRADESH
                                                 AT I N D O R E
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE PREM NARAYAN SINGH

                                              ON THE 21st OF JULY, 2023

                                          CRIMINAL REVISION No. 1834 of 2022

                           BETWEEN:-
                           NITIN    S/O    GOVINDCHARAN        GOSWAMI,
                           AGED ABOUT 38 YEARS, OCCUPATION:
                           NOTHING H.N. 707, LANE NO. 2 VIKAS
                           NAGAR.     COLONY,       NEAR     MATCHBOX
                           FACTORY, POLICE STATION MANDI KOTA
                           (RAJASTHAN)


                                                                           .....PETITIONER
                           (BY SHRI YASH PAL RATHORE, ADVOCATE)

                           AND
                           MEGHNA W/O NITIN, AGED ABOUT 37
                           YEARS,          OCCUPATION:          NOTHING
                           COLLECTOR        NIWAS   ROAD,     RAMTEKRI
                           MANDSAUR. (MADHYA PRADESH)


                                                                          .....RESPONDENT
                           (NONE)


                                          CRIMINAL REVISION No. 3048 of 2021

                           BETWEEN:-
                           MEGHANA W/O NITIN, AGED ABOUT 37
                           YEARS,          OCCUPATION:          NOTHING


Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 25-07-2023
18:14:55
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                           COLLECTOR        NIWAS     ROAD     RAMTEKRI
                           (MADHYA PRADESH)
                                                                                 .....PETITIONER
                           (NONE)

                           AND
                           NITIN S/O SHRI GOVINDCHARAN GOSWAMI,
                           AGED ABOUT 38 YEARS, OCCUPATION:
                           SERVICE H.NO. 707 GALI NO. 2 VIKAS
                           NAGAR COLONY MACHIS FACTORY KE
                           PASS         THANA          BHIMGANJMANDI
                           (RAJASTHAN)
                                                                               .....RESPONDENT
                           (BY SHRI YASH PAL RATHORE, ADVOCATE)

                                  This revision coming on for orders this day, the court passed the
                           following:

                                                          ORDER

Since both the revision petitions have been preferred under Section 19(4) of Family Court Act, against the order dated 12.08.2021 in MJC No. 240/2018 passed by Principal Judge, Family Court, Mandsaur (M.P.). Both the Criminal Revisions are being heard and decided by this common order analogously.

2. In this case, learned Family Court decided the petition of applicant-Meghna adjudicated that she is entitled to get Rs.5,000/- per month as maintenance from her husband namely-Nitin. Further, the wife-Meghna will be addressed as applicant while husband-Nitin will be addressed as non-applicant.

3. The Criminal Revision No. 3048/2021 has been filed by Meghna/applicant for enhancing the maintenance amount from

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 25-07-2023 18:14:55

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Rs.5,000/- to Rs.30,000/- while the Criminal Revision No. 1834/2022 has been filed by non-appliacnt/Nitin to set aside the order of maintenance in his favour. It is also worth mentioning that in Criminal Revision No. 1834/2022, no one appeared on behalf of applicant/Meghna today, even on earlier dates i.e. 06.07.2023 and 22.11.2022, no one has appeared before this Court on behalf of applicant/Meghna. Likewise, in Criminal Revision No. 3048/2021, no one has appeared on behalf of applicant/Meghna on 06.07.2023 and also on today, hence, both revision petitions are decided in none- appearance of applicant/Meghna.

4. It is held in the judgment passed by Hon'ble Supreme Court in the case of Madan Lal Kapoor Vs. Rajiv Thapar [AIR (2007) 7 SCC 623] that the criminal revisions or criminal appeals should not be generally dismissed in default or non-prosecution, they should be decided on merits. Hence, looking to the contents placed in concerned petitions, this matter is decided on the basis of contents advanced by the parties and the evidence available on record of trial Court.

5. I have gone through the record and found that learned Principal Judge, Family Court has considered the statements of Meghna (P.W.-1) and her witness namely Mayank and other facts available on record, adjudicated that Meghna is unable to maintain herself while her husband-Nitin is a Civil Engineer. Although, she has not filed any document regarding this. It is also adjudicated that non-applicant/Nitin in Criminal Revision is a wealthy person, therefore, he is liable to pay maintenance to his wife.

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 25-07-2023 18:14:55

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6. In view of the these facts and in light of judgment passed in the case of Rajnesh Vs. Neha [AIR (2021) SC 569], she has been awarded Rs.5,000/- per month as maintenance from her husband.

7. Having considered the facts placed before this Court, this Court is of the considered opinion is that there is no infirmity, illegality and perversity in the order passed by the Family Court, hence, the Criminal Revision Nos.1834/2022 and 3048/2021 are found debarred on merits. Hence, the Revision Petition Nos. 1834/2022 and 3048/2021 are dismissed and the impugned order is hereby affirmed.

(PREM NARAYAN SINGH) JUDGE Vindesh

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 25-07-2023 18:14:55