Rajasthan High Court - Jodhpur
Manish vs State on 25 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 231/2020
Manish S/o Shri Rameshwarlal, Aged About 41 Years, By Caste
Soni, R/o 17/268, Chopasani Housing Board, Jodhpur. At Present
17/455 Chopasani Housing Board, Jodhpur.
----Petitioner
Versus
1. State, Through P.p.
2. Smt. Kanchan W/o Manish Soni D/o Rameshwar Jasmatia,
By Caste Sunar, R/o Jasmita Bhawan, Near Gandhi
School, Olympic, Jodhpur.
----Respondents
For Petitioner(s) : Mr. Hasti Mal Saraswat
For Respondent(s) : Mr. S.K. Bhati, PP
Mr. Dilip Singh Baghela
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/04/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Learned counsel for the petitioner submits that the
respondent-wife is an educated lady and is in a position to
maintain the children, and thus, the amount of maintenance is on
a higher side as imposed upon the present petitioner as
maintenance.
Learned counsel further submits that the children are also
receiving maintenance under the Domestic Violence Act. Learned
counsel also submits that he is giving Rs.5,000/- as installment to
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(2 of 3) [CRLR-231/2020]
the house, which is there on the name of respondent No.2 and
which is bound to go to the children, and therefore, that also
needs to be kept into consideration. Learned counsel further
submits that the petitioner is a goldsmith and has limitations of
income, and thus, any kind of binding of maintenance shall be
detrimental to his financial condition.
Per contra, learned counsel for the respondent submits that
the petitioner is the father and has the larger responsibility of
maintenance of the children and rather he should be satisfied that
the children are being educated in good schools and the wife
herself is not seeking any maintenance.
Learned counsel further submits that if anything is being
done by the father, it shall only add to the growth and
development of the children, and thus, it ought to be fairly
continued in the larger interest of future of the children.
Learned counsel also submits that in the present era, the
expenditure of bringing up young children is quite high and
although the wife is contributing, but certainly the contribution
from the father would aid to the development and growth of the
children.
Learned counsel however, fairly submits that any other
amount of maintenance to the children in any other law be offset
against the present amount.
This Court, after hearing submissions made by learned
counsel for the parties and perusing the record of the case, is of
the firm opinion that the judgment does not suffer from any
infirmity in law and a fair amount of Rs.12,500/- for children has
been determined from the date of the application.
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(3 of 3) [CRLR-231/2020]
Thus, without making any interference in the order dated
18.01.2020, the present criminal revision petition is disposed of,
while directing that any amount being received as children in any
other law as maintenance would be deducted from this amount.
(DR.PUSHPENDRA SINGH BHATI), J.
11-Zeeshan
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