Smt Varsha Vyas vs Hitesh Vashishtha on 1 May, 2019

[Cites 0, Cited by 0]

Rajasthan High Court - Jaipur

Smt Varsha Vyas vs Hitesh Vashishtha on 1 May, 2019

Bench: Pankaj Bhandari

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 823/2018
Smt. Varsha Vyas W/o Hitesh Vashishtha, D/o Nihal Chand, R/o
Vyas Gali, Malakheda, District Alwar.
                                                                  ----Petitioner
                                   Versus
Hitesh Vashishtha S/o Late Shri Pooran Mal Vashishtha B/c
Brahmin, R/o Govind Bazar, Rajgarh, District Alwar.
                                                                ----Respondent

For Petitioner(s)        :     Mr. Mohit Gupata
For Respondent(s)        :     Mr. Nishant Sharma.



          HON'BLE MR. JUSTICE PANKAJ BHANDARI

                         Judgment / Order

01/05/2019

1. Defect pointed out by the Registry is waived.

2. Petitioner has preferred this Criminal Misc. Petition for quashing the Order dated 19.08.2017, passed by Additional Sessions Judge No.3, Alwar, whereby Revisional Court has increased the maintenance amount from Rs.2,000/- to Rs.4,000/- per month and against the Order dated 25.10.2016, passed by Judicial Magistrate No.3, Alwar, whereby the maintenance awarded was Rs.2,000/- per month.

2. It is contended by counsel for the petitioner that the Revisional Court had no jurisdiction to entertain the revision, hence, the impugned order be set aside.

3. It is contended by counsel for the respondent that the petitioner was working as Commercial Tax Officer and has been suspended but he is still receiving a sum of Rs.1,80,000/-(one lakh and eighty thousand). Counsel for the petitioner counters the (Downloaded on 28/06/2019 at 10:51:30 PM) (2 of 2) [CRLMP-823/2018] contention and states that as per the last pay certificate, the gross salary of the petitioner is Rs.15,537/- per month and after deductions of Rs.4,085/-, the carry home is Rs.11,452/-.

4. I have considered the contentions.

5. Taking note of the fact that the amount awarded is Rs.4,000/- per month, this Court is not inclined to entertain the Misc. Petition. However, since the matter is pending since October, 2016, Magistrate Court is directed to decide the main maintenance application within a period of three months of the receipt of this order.

6. Misc. Petition is accordingly disposed of.

(PANKAJ BHANDARI),J Chandan/100 (Downloaded on 28/06/2019 at 10:51:30 PM) Powered by TCPDF (www.tcpdf.org)

Unlock Advanced Research with PRISMAI

Rajasthan High Court - Jaipur