Madhya Pradesh High Court
Juned vs Smt. Namra Bi on 22 February, 2024
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 22 nd OF FEBRUARY, 2024
CRIMINAL REVISION No. 4027 of 2023
BETWEEN:-
JUNED S/O ANWAR, AGED ABOUT 32 YEARS,
OCCUPATION: SERVICE / LABOR R/O 181 SCHEME NO.
71 BEHIND ASTHA HOSPITAL INDORE (MADHYA
PRADESH)
.....PETITIONER
(SHRI AMAR SINGH RATHORE, LEARNED COUNSEL FOR THE
PETITIONER .
AND
1. SMT. NAMRA BI W/O JUNED TOK, AGED ABOUT
23 YEARS, OCCUPATION: BUSINESS R/O 181
SCHEME NO. 71 BEHIND ASTHA HOSPTAL
INDORE AT PRESENT R/O 33-A SNEN NAGAR
GREEN LAND COLONY INDORE (MADHYA
PRADESH)
2. REHAN S/O JUNED ANWAR TOK OCCUPATION:
NA 181, SCHEME NO. 71, BEHIND ASTHA
HOSPITAL INDORE PRESENT R/O 33-A, SNEH
NAGAR, GREEN LAND COLONY INDORE
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI ROHIT BHATI DADR.N.25971, LEARNED COUNSEL FOR THE
RESPONDENT [R-1].
This revision coming on for admission this day, th e court passed the
following:
ORDER
1. This criminal revision has been filed by the petitioners under Section
19(4) of the Family Courts Act of Cr.P.C r/w Section 397 of Cr.P.C. being
aggrieved by the judgment dated 31.07.2023, passed by learned Principal Judge,
Family Court, INDORE M.P., in MJCR No.315/2021, whereby the learned
Principal Judge has awarded interim maintenance of Rs.10000/- per month &
Rs.5000/- per month in favour of respondent no.1 and 2 respectively. Hence,
present petition.
2 . During the course of arguments, learned counsel for the petitioner
submits that the order of interim maintenance is on higher side while respondent
is also earning Rs.8000/- per month. It is also submitted that trial is pending
since long, therefore, it may also be directed to conclude the trial at the earliest.
3. Counsel for the respondent has opposed the prayer and submitted that
the petitioner is having four shops and is earning well, hence, the order passed
by the learned trial Court is correct and in accordance with law. Hence, the
learned trial Court has passed the order of maintenance in view of the income of
petitioner.
I have heard the counsel for the parties and perused the record.
During the course of arguments, considering the submissions and
documents produced before the trial Court, this Court is of the considered
opinion that the interim maintenance is on little bit higher side. Hence, total
amount of maintenance is reduced to Rs.7500/- from Rs.15000/- per month i.e.
Rs.5000/- & Rs.2500/- per month in favour of respondents respectively.
5. In view of the aforesaid discussion, the petition stands disposed of by
setting aside the impugned order. The petitioner shall pay Rs.5000/- &
Rs.2500/- per month in favour of respondents respectively. Rest of the
conditions of impugned order stands affirmed.
6. Learned trial Court is also directed to try to conclude the trial
preferably within three months from today and pass the final order without
getting influence from the order of this Court.
7. A copy of this order be sent to the learned trial Court concerned for
information.
8. With the aforesaid directions, the petition stands disposed of
(PREM NARAYAN SINGH)
JUDGE
amit
