Madhya Pradesh High Court

Smt. Priya vs Abhinav Gupta on 6 May, 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 6 th OF MAY, 2024
                                         CRIMINAL REVISION No. 5701 of 2023

                         BETWEEN:-
                         SMT. PRIYA W/O SHRI ABHINAV GUPTA, AGE: ABOUT 30
                         YEARS, OCCUPATION: JUNIOR ADVOCATE, ADDRESS:
                         C/O SHRI OMPRAKASH JI SHARMA (FATHER), FLAT
                         NO.101, PEARL PREMIUM, PLOT NO.370 E.E., OLD M
                         NO.323 E.B., SECTOR-E, SCHEME NO.94, INDORE
                         (MADHYA PRADESH)

                                                                                        .....PETITIONER
                         (BY SHRI ARPIT KUMAR OSWAL - ADVOCATE.)

                         AND
                         ABHINAV GUPTA S/O SHRI SUBHASH GUPTA, AGE:
                         ABOUT 31 YEARS, OCCUPATION: SENIOR ANALYST,
                         WASTE    MANAGEMENT     LOGISTIC   COMPANY,
                         ADDRESS: 108 GOYAL NAGAR, BEHIND SHAKUNTALA
                         HOSPITAL, KANADIYA ROAD, INDORE-01 (MADHYA
                         PRADESH)

                                                                                      .....RESPONDENT
                         (BY SHRI ANIRUDH SAXENA - ADVOCATE.)

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

                         following:
                                                            ORDER

The present criminal revision under Section 19 (4) of the Family Court Act,1984 has been filed by petitioner - wife against order dated 22.09.2023 passed in a miscellaneous judicial case (criminal) bearing registration number MJCR/916 of 2022 by the learned Additional Principal Judge, Family Court, Indore, District Indore (MP) whereby an application under Section 125 of the Code of Criminal Procedure, 1973 (herein after referred to as the Code) filed by

the petitioner for grant of interim maintenance has been rejected, as learned Judicial Magistrate First Class, Indore on 03.06.2023 has ordered for payment of interim maintenance of Rs.7,000/- (rupees seven thousand only) per month in favour of petitioner - wife in a Domestic Violence Case No.2949 of 2022.

2. Before dwelling upon the point as to whether an order of interim maintenance passed in a case under the provisions of Protection of Women from Domestic Violence Act, 2005, an order of interim maintenance under Section 125 of the Code can be passed or not.

3. In view of landmark judgment of the Apex Court in case of Rajnesh v. Neha reported in (2021) 2 SCC 324, certainly an order under Section 125 of

the Code can also be passed, but the interim maintenance amount should be adjusted. The learned Judge of Family Court has simply rejected an application under Section 125 of the Code of the petitioner - wife on the basis that she is already getting an amount of interim maintenance in compliance of order passed by the Judicial Magistrate First Class in a domestic violence case. However, the view taken by the learned Judge of the Family Court is not in consonance with the judgment of the Supreme Court in case of Rajnesh v. Neha (supra).

4. Here it is also pertinent to mention that today also, an order passed in a case of domestic violence act between the same parties is under consideration before this Court and as per order passed in Criminal Revision No.483 of 2024, the order of monthly interim maintenance amount of Rs.10,000/- is affirmed.

5. In view of that order, the order of learned Family Court regarding interim maintenance is set aside and in lieu of that it is directed that the petitioner is entitled to get a monthly interim maintenance amount of Rs.10,000/- (rupees ten thousand only) in this case also, but this amount will be adjusted against the

order of interim maintenance passed by any other forum including the Court of Domestic Violence Act / JMFC, Indore in a domestic violence case. Since the dates of application for grant of interim maintenance in a case of Domestic Violence Act and also under Section 125 of the Code are the same, therefore, the order will apply from the date of application.

6. In view of the foregoing discussion, the present criminal revision stands disposed off.

(PREM NARAYAN SINGH) JUDGE rcp