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Sumit Sachdev vs Smt. Priti Sumit Sachdev
2022 Latest Caselaw 15071 Raj

Citation : 2022 Latest Caselaw 15071 Raj
Judgement Date : 22 December, 2022

Rajasthan High Court - Jodhpur
Sumit Sachdev vs Smt. Priti Sumit Sachdev on 22 December, 2022
Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Revision Petition No. 932/2022

Sumit Sachdev

----Petitioner Versus Smt. Priti Sumit Sachdev

----Respondent Connected With S.B. Criminal Revision Petition No. 765/2022 Preeti Sachdev

----Petitioner Versus State Of Rajasthan

----Respondent S.B. Criminal Revision Petition No. 931/2022 Sumit

----Petitioner Versus Smt. Priti Sumit Sachdev

----Respondent

For Petitioner(s) : Smt. Priti Sachdev present in person For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

22/12/2022

By way of filing of instant revision petitions challenge has

been made to the order dated 04.12.2021 passed by the learned

Additional Metropolitan Magistrate No.7 Jodhpur Metro, Jodhpur in

Criminal Case No. 1400/2019 as well as against the judgment

dated 10.6.2022 passed by the learned Additional Sessions Judge

(Women Atrocities Cases) Jodhpur in Criminal Appeal No.

29/2022. The petitioner herein preferred a petition under Sections

(2 of 3) [CRLR-932/2022]

18, 19, 19A, 20, 21, 22 of Protection of Women from Domestic

Violence Act along with an application under Section 23 of

Domestic Violence Act, 2005 seeking interim maintenance. Vide

order dated 4.12.2021, the learned Magistrate though allowed the

application for interim maintenance but a very paltry arrears were

awarded, i.e. Rs. 2000 for petitioner no.1 and Rs. 2000/- for

petitioner no.2. On 5.8.22, notices were issued to the respondent.

On 23.9.22, memo of appearance has been furnished by learned

counsel Mr. JP Ranwa. On 15.12.2022, nobody was present before

this Court on behalf of the respondent, again on 19.12.2022, no

one was present to respond, therefore, the matter was directed to

be listed today. Today also, no one is present to represent the

respondent. The petitioner Smt. Priti is present in person and

submits that she is facing myriad difficulties and financial crisis

and submits that her daughter is suffering with critical disease of

MTHFR i.e. a very rare disease and she is not even able to move.

She strenuously urges that the respondent husband was earning

Rs. 10 lacs per month which is very much evident on the face of

the record. She further submits that the disclosure which were

required to be made by the respondent husband in view of the

judgment passed by Hon'ble the Supreme Court in the case of

Rajneesh Vs. Neha & Ors. reported in AIR 2021 SC 569 have not

been furnished and thus, it was imperative upon the Magistrate to

pass an award of at least some reasonable amount so that the

petitioner could maintain themselves and cover at least medical

expenses incurred for the treatment of her daughter. The

husband is under an obligation to maintain as well as take care of

his wife and daughter.

(3 of 3) [CRLR-932/2022]

Today is the day when at the Principal Bench, lawyers refrain

from marking their appearance before the Court in order to show

their protest against formation of Bench at Jaipur. In this view

of the matter, this Court does not wish to pass any order adverse

to the interest of the party as his counsel are not appearing.

List these matters on 2.1.2023.

(FARJAND ALI),J 23-25-

Arti/-

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