Rajasthan High Court - Jodhpur
Mangi Lal vs Smt.Lehari Bai on 10 April, 2013
Author: Sandeep Mehta
Bench: Sandeep Mehta
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S.B. Crl. Revision Petition No.82/2012
Mangi Lal. VS. Smt. Lahari Bai.
DATE OF ORDER : 10.4.2013
HON'BLE MR. JUSTICE SANDEEP MEHTA
Mr.Shambhoo Singh, for the petitioner.
Mr.JVS Deora, for the respondent.
...
Heard learned counsel for the parties.
The instant revision petition has been filed by the petitioner challenging the order dated 22.10.2011 passed by the learned Additional Sessions Judge, Sumerpur in Criminal Appeal No.9/2011 dismissing the appeal and affirming the order dated 18.1.2011 passed by the learned Judicial Magistrate, First Class, Sumerpur in Criminal Misc. Case No.359/2007 whereby the learned Magistrate allowed the application filed under the provisions of Domestic Violence Act and directed the petitioner to make payment of Rs.1,500/- per month as maintenance amount and Rs.1,500/- per month as residence charges to the respondent.
Learned counsel for the parties submitted that looking to the old age of the petitioner as well as the respondent, the orders passed by the learned courts below be modified as the petitioner is ready to make payment of one time lumpsum maintenance to the respondent. It is proposed that the petitioner should make payment of Rs.1 lakhs as a 2 lumpsum amount to the respondent in two installments and the orders impugned be modified accordingly.
In view of the above submissions, it is hereby ordered that the petitioner shall now make a onetime payment of Rs.1 lakh in all as a lumpsum amount to the respondent towards maintenance as well as residence charges. A sum of Rs.50,000/- will be deposited by the petitioner in the trial court on or before 13.5.2013 and the remaining amount of Rs.50,000/- shall be deposited by 13.6.2013. Upon the complete amount being deposited, the orders passed by the learned courts below shall stand modified accordingly and thereafter, the respondent shall not be entitled to claim any further maintenance from the petitioner under any provision of law.
However, in the event of the petitioner not making the payment of total amount of Rs.1 lakh, as stated above, the order dated 18.1.2011 passed by the Judicial Magistrate, First Class, Sumerpur shall stand restored.
The instant revision petition stands disposed of in the above terms.
Stay petition also stands disposed of.
Record be sent back forthwith.
(SANDEEP MEHTA), J.
S.Phophaliya