Citation : 2025 Latest Caselaw 11227 MP
Judgement Date : 17 November, 2025
1 FA-1196-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
FA No. 1196 of 2025
(ARUN KUMAR LAMBA Vs SMT. REETA LAMBA @ RATAN PRABHA NAKDA )
Dated : 17-11-2025
Ms. Tanzeem Aara - Advocate for the appellant.
Shri Krishna Kumar Pandey - Advocate for the respondent.
Appellant has filed application (I.A. No.23232/2025) seeking review of order dated 08.09.2025.
Counsel appearing for the appellant submitted that respondent/wife is earning income. Appellant is an old man and sick person. Rs.5,000/- per month as interim maintenance to respondent is hefty amount which appellant is unable to pay. Appellant has also filed photograph showing one lady is selling something on a vehicle and it has been mentioned in the vehicle that 'Meals on Wheels Launch Tandoori Momos'. Under these circumstance, order dated 08.09.2025 granting maintenance of Rs.5,000/- per month to respondent/wife may be modified.
According to respondent, appellant is retired from Central Bank and is
earning Rs.40,000/- as pension, therefore, maintenance amount is not hefty. It is prayed that application may be dismissed.
On going through cause title, it is found that appellant is retired employee of Central Bank and is having sufficient source of income. It is mentioned in cause-title of appeal that appellant was Head Cashier in Central Bank, therefore, it cannot be said that appellant is not having any source of
2 FA-1196-2025 income to pay a meager amount of Rs.5,000/- per month as maintenance to respondent/wife. Therefore, I.A. No.23232/2025 is dismissed.
Appellant has also filed application (I.A. No.15407/2025) for grant of stay over operation of impugned judgment and decree dated 07.07.2025.
Appellant has filed this appeal challenging the judgment and decree
dated 07.07.2025 passed by IIIrd Additional Principal Judge, Family Court, Jabalpur in RCS-HM No.331/2019 (Arun Kumar Lamba Vs. Smt. Reeta Lamba).
On going through the judgment and decree dated 07.07.2025, it is found that petition filed by husband and counter claim filed by wife was dismissed.
Since, petition under Section 13(1-a) of Hindu Marriage Act and Section 9 of Hindu Marriage Act has been dismissed by Family Court, therefore, there is no requirement for application for grant of stay. Thus, I.A. No.15407/2025 is dismissed with cost of Rs.5,000/- to be deposited by appellant before Secretary, MP Legal Aid Services Committee, Jabalpur (MP).
(VISHAL DHAGAT) (B. P. SHARMA)
JUDGE JUDGE
@shish
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