Citation : 2021 Latest Caselaw 3896 Raj/2
Judgement Date : 19 August, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 1115/2017
Pramod Kumar S/o Shri Prabhudayal, R/o Ranjeetpura Tan
Nandrampura Tehsil Chirawa Distt. Jhunjhunu Presently Teacher,
Government Upper Primary School, Basant Bihar Dhani, Paji Ki
Post, Kharkhada Tehsil Khetri Distt. Jhunjhunu
----Petitioner
Versus
1. Smt. Rinku W/o Shri Pramod Kumar D/o Shri Maniram,
R/o C-104, Indira Nagar, Jhunjhunu Tehsil And Distt.
Jhunjhunu
2. Rakshit Chaudhary Aged About 9 Years 4 Months S/o Shri
Pramod Kumar D/o Shri Maniram, R/o C-104, Indira
Nagar, Jhunjhunu Tehsil And Distt. Jhunjhunu Minor
Through Mother Smt. Rinku
----Respondents
For Petitioner(s) : Mr. Biri Singh Sinsinwar, Sr. Adv.
assisted by Mr. Jaswant Singh Rathore For Respondent(s) : Mr. O P Mishra with Mr. Ajay Verma
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
19/08/2021
1. Petitioner has preferred this revision petition aggrieved by
order dated 11.05.2017 passed by Judge, Family Court, Jhunjhunu
whereby the criminal misc. petition was partly allowed.
2. It is contended by counsel for the petitioner that the amount
claimed by the respondents before the Family Court was
Rs.6,000/- per month for Respondent No.2, son of petitioner,
however, the Court has awarded Rs.10,000/- per month. It is also
contended that petitioner has paid huge amount to the
Respondent No.2, however, if the respondents did not claim arrear,
(2 of 2) [CRLR-1115/2017]
he would not be pressing present revision petition. As far as arrear
is concerned, he would be satisfied if from the month of August,
petitioner is directed to pay only Rs.6,000/- per month till
Respondent No.2 attains majority.
3. Counsel for the complainant is agreed to the proposal made
by the petitioner. Whatever amount has been received by
Respondent No.2 would not be claimed by the petitioner and
similar non-petitioners-respondents would not claim any amount
as arrears and would be entitled to Rs.6,000/- per month from
August, 2021 till Respondent No.2 attains majority.
4. I have considered the contentions.
5. In view of the fact that parties have amicably settled the
dispute pertaining to the maintenance, I deem it proper to allow
the present Revision Petition.
6. Accordingly, present Criminal Revision Petition is allowed.
7. Respondent No.2, son of petitioner is now entitled to receive
Rs.6,000/- per month from the petitioner from the month of
August 2021 till he attains majority. Whatever amount has been
received by the respondents in pursuance of the order dated
11.05.2017, would not be refunded.
8. Stay application stands disposed.
(PANKAJ BHANDARI),J
ARTI SHARMA /34
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