Abid Ali vs Smt. Narseen Khan
2023 Latest Caselaw 16247 MP

                                                           1
                          IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                             ON THE 4 th OF OCTOBER, 2023
                                         CRIMINAL REVISION No. 1523 of 2022

                         BETWEEN:-
                         ABID ALI S/O LATE MR. LIYAKAT ALI,
                         AGED ABOUT 40 YEARS,
                         OCCUPATION: PRIVATE JOB
                         R/O.  BOHRA      KABIRSTAN    ROAD, ALIRAJPUR
                         CRURETNLY RESIDING AT NEW KAZIPURA, WARD NO.
                         23 GAUSHALA ROAD,
                         KHARGONE (MADHYA PRADESH)

                                                                                        .....PETITIONER
                         (SHRI ANISH ASHAPURE - ADVOCATE)

                         AND
                         1.    SMT. NARSEEN KHAN W/O ABID ALI,
                               AGED ABOUT 35 YEARS,
                               OCCUPATION: PRIVATE JOB
                               R/O. 76, A SECTOR GREEN PARK COLONY,
                               DHAR ROAD, INDORE
                               (MADHYA PRADESH)

                         2.    ARSHAN ALI MINOR
                               THR GUARDIAN MOTHER SMT. NASREEN KHAN
                               W/O ABID ALI, AGED ABOUT 12 YEARS,
                               OCCUPATION: PRIVATE JOB
                               R/O. 76, A SECTOR GREEN PARK COLONY,
                               DHAR ROAD, INDORE
                               (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                         (SHRI ROHIT SINGH SOLANKI - ADVOCATE)

                               This revision coming on for admission this day, th e court passed the
                         following:
                                                            ORDER

This criminal revision has been filed by the petitioner under Section 19(4) Signature Not Verified Signed by: SUMATHI Signing time: 07-10-

2023 14:36:27

of the Family Courts Act, 1984 being aggrieved by the judgment dated 23.03.2022, passed by learned Additional Principal Judge, Family Court, Indore, in MJC Case No.1265/2018, whereby the learned Family Court, Indore has allowed the application filed under Section 127 of Cr.P.C by awarding maintenance of Rs.7000/- per month to respondent from the date of filing of application.

2. During the course of arguments, learned counsel for the petitioner has submitted that the order of maintenance enchancing the maintenance amount from Rs.1800/- to Rs.7000/- is not in accordance with the facts and circumstances of the case i.e. on the higher side. Learned counsel for the

respondent opposed the prayer however, it is submitted that he has no objection if the order of maintenance is modified to the extent that respondent no.1 will get Rs.4000/- as monthly maintenance however, the amount of Rs.2000/- the monthly maintenance of respondent no.2 is not required to be interfered and the same shall continue till his attaining majority.

4 . In view of the aforesaid it is directed that the impugned order of learned Principal Judge is modified to the extent that respondent no.1 Smt. Nasreen Khan will get Rs.4000/- as monthly maintenance till her re-marriage and respondent no.2 will get Rs.2000/- as monthly maintenance till his attaining majority and remaining part of the impugned order does not warrant any interference.

5. Accordingly, with the aforesaid, the petition stands disposed off. Certified copy, as per rules.

(PREM NARAYAN SINGH) JUDGE Signature Not Verified Signed by: SUMATHI Signing time: 07-10-

2023 14:36:27

sumathi

Signature Not Verified Signed by: SUMATHI Signing time: 07-10-

2023 14:36:27