Smt Chetan Kumari vs Kamlesh Kumar on 2 July, 2019

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Rajasthan High Court - Jodhpur

Smt Chetan Kumari vs Kamlesh Kumar on 2 July, 2019

Bench: Manoj Kumar Garg

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 313/2019

Smt Chetan Kumari W/o Sh. Kamlesh Kumar, F/o Sh. Rampal
Kumawat, Aged About 28 Years, R/o Baldrakha, P.s. Baneda,
Distt. Bhilwara. At Present R/o Laxmipura, Aan Dantada, P.s.
Shambhugarh, Distt. Bhilwara (Raj)
                                                                   ----Petitioner
                                    Versus
Kamlesh Kumar S/o Sh. Goverdhan Ji Kumawat, R/o Baldrakha,
P.s. Baneda, Distt. Bhilwara. At Present Working As Dog Squad,
Belt No 1698, Rajasthan Police, Distt. Police Officer, Jaipur
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Sudhir Saruparia
For Respondent(s)         :



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order 02/07/2019 Instant revision petition has been filed by the petitioner-wife for enhancement of interim maintenance of Rs.1,500/- per month awarded by learned Civil Judge & Judicial Magistrate, Asind, District Bhilwara vide his order dated 18.09.2018.

Counsel for the petitioner-wife submits that the learned trial court has awarded a meager amount of interim maintenance overlooking the fact that the respondent-husband is earning a handsome amount. Counsel further submits that the main application under Section 125 Cr.P.C. is still pending before the trial court since 2017 and prays that the trial court may be directed to decide the said application under Section 125 Cr.P.C. as early as possible.

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(2 of 2) [CRLR-313/2019] Heard the learned counsel for the petitioner and perused the impugned order passed by the trial court.

The petitioner-wife filed an application under Section 125 Cr.P.C. seeking maintenance against the respondent-husband in the year 2017, in which the trial court has awarded interim maintenance of Rs.1,500/- per month to the petitioner. The main application under Section 125 Cr.P.C. is yet to be decided by the trial court. In such circumstances, the trial court is directed to decide the main application under Section 125 Cr.P.C. as early as possible and preferably within a period of six months from today.

The revision petition stands disposed of accordingly. A copy of the order be sent immediately to the trial court for necessary compliance.

(MANOJ KUMAR GARG),J 8-MS/-

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Rajasthan High Court - Jodhpur