Rajesh vs Mamta W/O Rajesh Prajapati
2023 Latest Caselaw 16694 MP

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                               ON THE 9 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 44458 of 2023

                           BETWEEN:-
                           RAJESH S/O NAGULAL PRAJAPATI, AGED ABOUT 30
                           YEAR S, OCCUPATION: LABOUR VILLAGE RANKODA,
                           TEHSIL DALODA, DISTT. MANDSAUR (MADHYA
                           PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI NILESH DAVE, LEARNED COUNSEL)

                           AND
                           MAMTA     W/O    RAJESH     PRAJAPATI    D/O
                           KAILASHCHANDRA,   AGED    ABOUT   30  YEARS,
                           OCCUPATION: HOUSEWORK VILLAGE KANGHATTI,
                           TEHSIL MALHARGARH, DISTT. MANDSAUR (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENTS


                                 This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

Office has raised objection regarding maintainability of the petition on the ground that the applicant ought to have filed revision against the order of granting interim maintenance under Section 24 of the Hindu Marriage Act.

2. Counsel for the applicant submits that the revision is maintainable in view of the provisions of Section 19(4) of Family Court Act as the revision is only maintainable against the final order passed by the Family Court and not the interim order. He further submits that as per the judgment in the case of Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 09-10-2023 18:09:17

Sethuraman vs. Rajamanickam (2009) 5 SCC 153, the present petition under Section 482 is maintainable.

3. However, without deciding the aforesaid issue regarding maintainability of the petition, upon perusal of the impugned order, it is noticed that only Rs.1000/- interim maintenance has been granted to the non-applicant and his son. The validity of order is examined on merit. The issue raised is left open.

4. Counsel for the applicant argued that in the proceedings under Section 13(B) of the Hindu Marriage Act filed by the non-applicant, she had already received Rs. 5 Lacs as lump sum amount, however, those proceedings were

dismissed for want of prosecution and thereafter the non-applicant filed petition under Section 9 of the Hindu Marriage Act. In the said petition, the impugned order has been passed.

5. Upon perusal of the impugned order and considering the amount awarded to the non-applicant, I am not inclined to interfere with the impugned order. However, the Family Court is directed to decide the petition expeditiously as far as possible within six months from the date of filing of copy of the order.

6. With the aforesaid, the present petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 09-10-2023 18:09:17