Anchal vs State Of Rajasthan
2021 Latest Caselaw 16254 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4806/2021

Anchal D/o Shri Deshbandhu Sanchihar, Aged About 31 Years, B/c Brahmin, R/o Phatak Darwaja, Nathdwara, District Rajsamand, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan

2. Rishikesh S/o Shri Rajnikanth Sanchihar, B/c Brahmin, R/o Mohangarh, Nathdwara, District Rajsamand, Rajasthan.

----Respondents

For Petitioner(s) : Dr.Nupur Bhati, Adv. For Respondent(s) : Mr.Mukesh Trivedi, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

26/10/2021

The instant criminal misc. petition under Section 482 Cr.P.C.

has been filed by the petitioner against the judgment & order

dated 15.03.2021 passed by the learned Upper Sessions Judge,

Nathdwara in Criminal Revision No.49/2019 whereby the learned

Judge dismissed the revision petition of the petitioner and upheld

the order dt. 05.09.2019 passed by the learned Additional Chief

Judicial Magistrate, Nathdwara in Case No.178/2017 dismissing

the application preferred by the petitioner seeking interim

maintenance.

Learned counsel for the petitioner submits that the

respondent No.2 deserted the petitioner without any reason and

she is entitled to receive interim maintenance from the respondent

(2 of 2) [CRLMP-4806/2021]

No.2. It is further stated that the respondent No.2 is doing job as

a guide and getting handsome money about Rs.30,000/- per

month. Apart from that, the respondent No.2 earns Rs.15,000/-

per month by lending money and Rs.5,00,000/- per annum from

the agricultural land in Malwa. The court below has committed

illegality in dismissing the application of the petitioner-wife.

I have heard the learned counsel for the petitioner and

perused the order impugned as also other material available on

record.

From the perusal of the order impugned, it is apparent that

the learned Family Court after taking into consideration all the

material available before it, has rightly dismissed the application

of the petitioner seeking interim maintenance. Thus, the order

impugned does not warrant any interference from this Court.

However, since the Family Court has only decided the

application of the petitioner-wife seeking interim maintenance and

the main case is still pending before it, therefore, the court below

is directed to decide the main case after considering all the

documents filed by the petitioner within a period of six months

from today without being prejudiced by the order of this Court.

The criminal misc. petition is disposed of accordingly. Stay

petition is also disposed of.

The copy of this order be sent to the trial court immediately.

(MANOJ KUMAR GARG),J

124-NK/-

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