Rajasthan High Court - Jodhpur
Gaurav Pareek vs Garima Pareek on 22 October, 2021
Bench: Manoj Kumar Garg
(1 of 3) [CRLR-170/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 170/2021
Gaurav Pareek S/o Shri Surendra Pareek, Aged About 32 Years,
By Caste Pareek Brahmain, R/o 32, Section 7, New Power House,
Shastri Nagar, Jodhpur (Raj.).
----Petitioner
Versus
1. Garima Pareek W/o Shri Gaurav Pareek, D/o Shri
Rajendra Pareek, Aged About 33 Years, By Caste
Brahmin, R/o 75 A, Hanuwant-B, B.j.s. Colony, Jodhpur
(Raj.).
2. Viraj Pareek S/o Shri Gaurav Pareek, Aged About 10
Years, Through His Natural Guardian And Mother Smt.
Garima Pareek W/o Shri Gaurav Pareek, D/o Shri
Rajendra Pareek, By Caste Brahmin, R/o 75 A, Hanuwant-
B, B.j.s. Colony, Jodhpur (Raj.).
3. Adhiraj Pareek S/o Shri Gaurav Pareek, Aged About 5
Years, Through His Natural Guardian And Mother Smt.
Garima Pareek W/o Shri Gaurav Pareek, D/o Shri
Rajendra Pareek, By Caste Brahmin, R/o 75 A, Hanuwant-
B, B.j.s. Colony, Jodhpur (Raj.).
----Respondents
For Petitioner(s) : Mr. Ashvini Kumar Swami.
For Respondent(s) :
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
22/10/2021
The instant revision petition has been filed by the petitioner-
husband against the order dated 20.02.2020 passed by the
learned Additional Sessions Judge (Women Atrocities Cases)
Jodhpur Metro, Jodhpur, in Criminal Appeal No.215/2019 &
Criminal Appeal No.233/2019, whereby order dated 10.10.2019
passed by Learned Additional Chief Metropolitan Magistrate No.3,
(2 of 3) [CRLR-170/2021]
Jodhpur Metro, Jodhpur in Criminal Case No.940/2018 has been
affirmed & the appeal filed by the petitioner has been dismissed.
The learned appellate court while upholding the order dated
10.10.2019 has awarded house rent in the sum of Rs.2,000/- per
month in addition to the interim maintenance in the sum of
Rs.3,000/- per month each to the non applicants awarded by the
court of learned Learned Additional Chief Metropolitan Magistrate
No.3, Jodhpur Metro, Jodhpur.
Counsel for the petitioner-husband submits that the learned
Additional Chief Metropolitan Magistrate without appreciating the
material available on record and without assigning any cogent
reason has awarded interim maintenance in favour of the
respondent-wife. Counsel further submits that the interim
maintenance as awarded by Learned Additional Chief Metropolitan
Magistrate No.3 is on higher side as the petitioner-husband is not
having enough income, therefore the same may be reduced
appropriately.
Heard the learned counsel for the petitioner-husband and
perused the impugned order passed by the court below.
The impugned order passed by the learned Additional Chief
Metropolitan Magistrate No.3 is an interim order. The final order on
the application is yet to be passed by the courts below. The
learned courts below after taking into consideration all the
material available before it, has rightly awarded interim
maintenance of Rs.3,000/- per month, along with house rent for in
the sum of Rs.2,000/- per month in favour of respondents. The
order impugned does not suffer from any illegality and perversity,
hence, no interference is called for from this Court.
(3 of 3) [CRLR-170/2021]
The criminal revision petition stand disposed of accordingly.
The court below is directed to decide the main application after
taking into consideration all the documents and material aspect of
the matter as well as statements so recorded before it, within a
period of six months from the date of receipt of certified copy of
this order.
Stay petition also decided accordingly.
(MANOJ KUMAR GARG),J
13-prashant/-
Powered by TCPDF (www.tcpdf.org)
