Smt. Rakhi vs Shri Rajendra
2024 Latest Caselaw 27663 MP

Madhya Pradesh High Court

Smt. Rakhi vs Shri Rajendra on 1 October, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

         NEUTRAL CITATION NO. 2024:MPHC-IND:29478




                                                             1                            CRR-3326-2023
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                             CRIMINAL REVISION No. 3326 of 2023
                                                           SMT. RAKHI
                                                              Versus
                                                         SHRI RAJENDRA
                           Appearance:
                           Shri Rajesh Joshi - advocate for the petitioner.

                           Dr. Khuzema Kapadia, learned counsel for the respondent [R-1].

                                                      Reserved on: 12. 09.2024
                                                      Delivered on:.01.10.2024




                                                                 ORDER

1. The present revision petition has been filed under Section 19(4) of the Family Courts Act against the order dated 20.6.2023, passed in MJC No.481/2021 by Second Additional Principal Judge Family Court, Indore, whereby the Court has dismissed the application filed under Section 125 of

Cr.P.C. to adjust the maintenance amount paid by the petitioner in the previous proceedings instituted under the Domestic Violence Act.

2. Learned counsel for the applicant submitted that the impugned order of the Family Court may be modified to the extent that the amount awarded as interim maintenance would be adjusted with the amount awarded in Domestic Violence Act in favour of respondent, as per the judgment passed

NEUTRAL CITATION NO. 2024:MPHC-IND:29478

2 CRR-3326-2023 by learned Apex Court in the case of Rajnesh Vs. Neha and others AIR 2021 SC 569,

3. On the other hand, learned counsel for the respondent has opposed the petition.

4. During the course of arguments, Counsel for the parties are agreed that amount of Rs.4000/- is correctly decided by the Court of Domestic Violence Act but on that basis, the application of interim maintenance should not be dismissed and it should be ordered with the note that the amount received by the applicant as Domestic Violence Act will be adjusted.

5. In view of the aforesaid, the petition stands partly allowed to the extent that the order passed by learned Family Court in Domestic Violence Act regarding the interim maintenance would be adjusted against the order dated 20.6.2023 passed by learned Family Court, Indore.

6. Accordingly, the Criminal Petition stands partly allowed. and disposed of.

(PREM NARAYAN SINGH) JUDGE

VD