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Rajasthan High Court - Jaipur

Santosh Kumar Jain vs State Of Rajasthan And Anr on 25 March, 2017

Author: Pankaj Bhandari

Bench: Pankaj Bhandari

 HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
                      JAIPUR
      S.B.Criminal Misccellaneous (Petition) No. 3462 / 2013
Santosh Kumar Jain
                                                       ----Petitioner
                               Versus
State Of Rajasthan And Anr
                                                    ----Respondents

_____________________________________________________ For Petitioner(s) : Mr. K.K. Chhawal For Respondent(s) : Mr. Rishi Raj Singh, PP _____________________________________________________ HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order 25/03/2017

1. Counsel for the petitioner has preferred this misc. petition aggrieved by order dated 17.06.2013 passed by the Additional Session Judge, Dholpur and order dated 07.09.2012 passed by the Judicial Magistrate, First Class No.2, District Dholpur, whereby, the petitioner has been directed to pay Rs.2,500/- per month in interim maintenance to the respondent.

2. It is contended by the counsel for the petitioner that the amount awarded is excessive and petition is paying Rs.1000/- per month in pursuance of order passed in application of 24 of Hindu Marriage Act.

3. I have considered the impugned orders.

4. Petitioner has already availed remedy of first revision. The amount awarded is not exorbitant.

5. Consequently, I am not inclined to invoke the inherent powers.

(2 of 2) [CRLMP-3462/2013]

6. The misc. petition is, accordingly, dismissed.

7. The learned Court below while deciding the maintenance application would consider the fact that the petitioner is already paying the maintenance of Rs.1000/- per month awarded under Section 24 of the Hindu Marriage Act.

(PANKAJ BHANDARI)J. Arti/453