Supreme Court - Daily Orders
Sheetal Bathla vs Sumit Bathla on 9 July, 2019
Bench: R. Banumathi, A.S. Bopanna
1
ITEM NO.9 COURT NO.7 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 16770/2019
(Arising out of impugned final judgment and order dated 27-10-2018
in CRL.MISC.APPLN. No. 38306/2018 passed by the High Court Of
Judicature At Allahabad)
SHEETAL BATHLA Petitioner(s)
VERSUS
SUMIT BATHLA & ANR. Respondent(s)
(IA No.95973/2019-CONDONATION OF DELAY IN FILING and
IA No.95974/2019-EXEMPTION FROM FILING O.T. )
Date : 09-07-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE R. BANUMATHI
HON'BLE MR. JUSTICE A.S. BOPANNA
For Petitioner(s) Mr. Radhey S. Verma,Adv.
Ms. Anjali Dubey,Adv.
Mr. Anish Shrestha,Adv.
Mr. Satish Kumar,Adv.
Mr. Satpal Singh, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
We have heard Mr. Radhey S. Verma, learned counsel appearing for the petitioner-wife.
In the impugned order the High Court has reduced the maintenance amount awarded by the Family Court from Rs.50,000/- to Signature Not Verified Rs.30,000/- p.m. by the respondent-husband. Digitally signed by MAHABIR SINGH Date: 2019.07.10 12:56:30 IST Reason:
By perusal of the impugned order it is clear that the award of maintenance is only an interim maintenance and the High Court has 2 made it clear that the Court has not adjudicated the matter on merits and further observed that the court below shall independently apply its mind while granting maintenance to the petitioner-wife.
In such view of the matter, we are not inclined to interfere with the impugned order.
The special leave petition is disposed of giving liberty to the petitioner-wife to raise all the contentions before the Family Court.
Pending applications, if any, shall also stand disposed of.
(MAHABIR SINGH) (PARVEEN KUMARI PASRICHA) COURT MASTER BRANCH OFFICER