Dipendra Singh Gehlot vs Snehlata
2022 Latest Caselaw 9880 Raj

                                        (1 of 2)                  [CRLR-570/2022]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 570/2022

Dipendra Singh Gehlot S/o Shri Bheru Lal, Aged About 45 Years,
R/o 145, Kalani Nagar, Aerodome Road, Indore (M.p.) (Presently
Lodged In Central Jail, Udaipur)
                                                                  ----Petitioner
                                   Versus
Snehlata W/o Sh. Dipendra Singh Gehlot, R/o 145, Kalani Nagar,
Aerodome Road, Indore (M.p.) Presently Residing At 43, Verma
Colony, Savina, Udaipur.
                                                                ----Respondent


For Petitioner(s)        :     Mr. Pushkar Taimini
For Respondent(s)        :     Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

27/07/2022

     Learned counsel for the petitioner submits that the petitioner

is in custody for about two months.

     Learned counsel for the petitioner has referred to the

judgment of Division Bench of this Court in Criminal Reference

No.02/2020 (in Reference under Section 395 Cr.P.C. by District

and Sessions Judge, Pali Vs. Unknown) decided on 03.12.2021,

the relevant portion of which reads as follows:-


     "12. We therefore answer the reference in the following manner:-
     (I) That the claimant/claimants would be entitled to file a
     consolidated application for recovery of previous 12 months dues.
     The consolidated application shall be treated as 12 individual
     claims for recovery of monthly allowances of previous 12 months.
     (II) That the Court will deal with the application in 12 separate
     compartments and shall issue separate warrants of recovery of
     every month's dues, subject to the condition that the application

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                                                                                 (2 of 2)                   [CRLR-570/2022]

                                         shall not be entertained for maintenance dues beyond a period of
                                         12 months. In the event of nonpayment/non-recovery of the
                                         maintenance, the Court may pass separate sentences upon the
                                         defaulter extending to one month's imprisonment for each
                                         default;
                                         (III) We also clarify that in cases where, no order of interim
                                         maintenance has been passed and the Court, while finally
                                         deciding     the   application       for   maintenance,        orders   that   the
                                         maintenance shall be payable from the date of filing of the
                                         application, the claimant may file an application for recovery of
                                         the accrued amount and such application shall be considered to
                                         be within time if filed within 12 months from the date of the
                                         order."

                                         Learned counsel for the petitioner submits that the warrant

                                   for each month has to be issued separately.

                                         Learned Public Prosecutor also agrees with the proposition

                                   laid down by the learned counsel for the petitioner.

                                         Issue notice to the respondent.

                                         In the meanwhile, any warrant issued for 12 months shall

                                   remain stayed, however, learned court below shall be at liberty to

                                   issue warrants separately for every month.

                                         The petitioner shall be required to suffer the imprisonment

                                   for every separate warrant upon due maintenance.

                                         However, if he pays the maintenance of a particular month,

                                   the warrant for that particular month shall not be issued.

                                         The application No.1/22 for early listing of the matter is

                                   disposed of.

                                                                     (DR.PUSHPENDRA SINGH BHATI), J.

118-/Jitender/nirmala

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