Heena vs Lalit Sain
2021 Latest Caselaw 12011 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 139/2021

Smt. Heena W/o Shri Lalit Sain D/o Shri Kanhaiya Lalji, Aged About 31 Years, Shivganj, At Present Bhadrakarnagar, Sirohi, Tehsil And District Sirohi (Raj.).

----Petitioner Versus Lalit Sain S/o Praveen Sain, Kalapura, Hanumanji Ki Gali, Shivganj, Tehsil Shivganj, District Sirohi (Raj.).

----Respondent

For Petitioner(s) : Mr. Richin Surana For Respondent(s) : Mr. Bharat Singh Rathore

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

02/08/2021

Mr. Bharat Singh Rathore, Advocate appears on behalf of

respondent Lalit Sain.

Service is complete.

Heard counsel for the parties.

I have perused the order dated 24.11.2020.

While deciding the application for interim maintenance under

Section 125 Cr.P.C. the court below directed the non-petitioner

husband to make payment of Rs. 3,000/- as interim maintenance

from the date of filing of application i.e. 08.07.2020. The instant

revision petition has been filed by the wife on the ground that the

court below has granted meager interim maintenance amount and

no interim maintenance order is passed for the daughter.

Counsel for the petitioner submits that it is pertinent to note

that initially one application No. 450/2014 was filed and vide order

(2 of 2) [CRLR-139/2021]

dated 11.08.2016 interim maintenance of Rs. 3,000/- for the wife

and 2,000/- for the daughter total Rs. 5,000/- had been granted

as interim maintenance but while passing order dated 24.11.2020

court below has not passed any order with regard to interim

maintenance to the daughter.

Taking note of over all facts and circumstances of the case,

the respondent-husband shall continue to pay amount of Rs.

5,000/- as interim maintenance till disposal of the main petition

filed under Section 125 Cr.P.C.

Trial court is directed to decide main application for

maintenance filed on behalf of wife and daughter of the

respondent within two months from the receipt of certified copy of

this order in the light of judgment passed by the Apex Court on

4th November, 2020 in Rajnesh vs Neha, Criminal Appeal

No.730/2020.

The instant revision petition stands disposed of accordingly.

(GOVERDHAN BARDHAR),J ashu/53

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