Sunny Kumar Kumat vs Monika
2023 Latest Caselaw 566 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Misc(Pet.) No. 9025/2022

Sunny Kumar Kumat S/o Prakash Chandra Kumat, Aged About
36 Years, 203 A-1 Neelkanth Regent Pantnagar Ghatkopar (East)
Mumbai Maharashtra
                                                                   ----Petitioner
                                    Versus
Monika W/o Sunny Kumar Kumat D/o Naval Singh Mehta,
Kapasan Road Railmagra Dist. Rajsamand Raj.
                                                                 ----Respondent
                               Connected With
               S.B. Criminal Misc(Pet.) No. 9015/2022
Sunny Kumar Kumat S/o Prakash Chandra Kumat, Aged About
36 Years, R/o 203, A-1 Neelkanth Regent, Pantnagar, Ghatkopar
(East), Mumbai (Maharashtra)
                                                                   ----Petitioner
                                    Versus
Smt. Monika W/o Sunny Kumar Kumat, D/o Naval Singh Mehta,
Presently    Residing     At    Kapasan         Road,       Railmagra,   District
Rajsamand (Raj.)
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Siddharth Mandawat for
                                Mr. Deelip Kawadia
For Respondent(s)         :     Mr. Sudhir Saruparia



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

13/01/2023

     The petitioner has preferred this misc. petition under Section

482 Cr. P.C., for the following relief :


      "It is, therefore, most humbly prayed that this
      criminal misc. petition may kindly be allowed and the
      orders impugned dated 22.11.2022 & 04.12.2021

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                                                                          (2 of 2)                  [CRLMP-9025/2022]


                                         passed by the learned courts below may kindly be
                                         quashed and set aside and the application under
                                         Section 12 of the DV Act filed by the respondent may
                                         kindly be dismissed."


                                         Counsel for the petitioner has tried to make out a case from

                                   salary slip that the respondent-wife is not entitled to get

                                   maintenance of Rs.25,000/- per month and the quantification of

                                   amount based on income tax-return of 2020-21 and granting

                                   maintenance from the date of application, which dates back to

                                   year 2015, is erroneous.

                                         Counsel for the respondent has relied upon judgment of

                                   Hon`ble Apex Court in the matter Rajnesh Vs. Neha & Anr.,

                                   AIR 2021 SC 569 to substantiate his argument that even if the

                                   wife is earning, then too, she is entitled for maintenance in

                                   accordance with the common standard of living.

                                         This Court after examining record of case including the

                                   impugned order and the submissions made is of the view that the

                                   there is no infirmity in the order impugned as now it is settled that

                                   maintenance in all cases will be awarded from the date of filing

                                   the application for maintenance.

                                         No case for interference is made out. The misc. petition is

                                   dismissed.


                                                                (DR.PUSHPENDRA SINGH BHATI), J.

125-126 Sanjay/-

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