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Rajasthan High Court · body

2019 DIGILAW 275 (RAJ)

Mahesh Kumar Mathuriya v. Kiran Mathuriya

2019-01-22

MANOJ KUMAR GARG

body2019
JUDGMENT : Manoj Kumar Garg, J. Instant revision petition has been filed by the petitioner against the order dated 20.01.2018, passed by the learned Additional Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan whereby the learned appellate court has dismissed the petitioners’ appeal filed against the order dated 09.03.2017 passed by the learned Additional Chief Judicial Magistrate No. 1, Jodhpur and enhanced the amount of interim maintenance from Rs. 7,500/- per month to Rs. 10,000/- per month. 2. Counsel for the petitioner submits that the learned trial court has awarded interim maintenance of Rs. 7,500/- per month in favour of the respondents. Against the said order, the petitioner filed an appeal before the appellant court but the appellate court suo-moto enhanced the maintenance amount from Rs. 7,500/- to Rs. 10,000/- per month without there being any appeal for enhancement of interim maintenance on behalf of the respondents. The order of the appellate court is per-se illegal and deserves to be set aside. 3. Per contra, learned counsel for the respondents submits that the appellant court has passed the order after taking into consideration all the aspect of the matter. Hence, no interference is called for from this Court in the order impugned and prayed for dismissal of the revision petition. 4. Heard the learned counsel for the parties and perused the impugned orders passed by the courts below. 5. From the perusal of the appellate court, it is apparent that the appellate court has suo-moto enhanced the interim maintenance amount without there being any appeal for enhancement on behalf of the respondents. Further no cogent and valid reasons have been assigned by the learned appellate court while enhancing the amount of interim maintenance. The impugned appellate order suffers from illegality and perversity. The learned trial court after considering the material aspect of the matter has rightly awarded the interim maintenance of Rs. 7,500/- per month to the respondents. 6. In view of above, while maintaining the order of the trial court dated 09.03.2017, order dated 20.01.2018 passed by the appellate court is set aside. 7. The revision petition is disposed of accordingly. 8. However, the trial court is directed to decide the main case as early as possible. The petitioner shall pay the interim maintenance @ Rs. 6. In view of above, while maintaining the order of the trial court dated 09.03.2017, order dated 20.01.2018 passed by the appellate court is set aside. 7. The revision petition is disposed of accordingly. 8. However, the trial court is directed to decide the main case as early as possible. The petitioner shall pay the interim maintenance @ Rs. 7,500/- per month to the respondents as awarded by the trial court and the petitioner is directed to pay the arrears amount to the respondents forth with.