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Rajasthan High Court · body

2019 DIGILAW 294 (RAJ)

Sunil Sagela v. State of Rajasthan

2019-01-23

MANOJ KUMAR GARG

body2019
JUDGMENT 1. Instant revision petition has been filed by the petitioner against the order dated 20.08.2016, passed by the learned Additional Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan whereby the learned appellate court has dismissed the appeal of the petitioner and accepted the appeal of the respondents filed against the order dated 15.03.2016 passed by the learned Metropolitan Magistrate, Jodhpur Metropolitan and enhanced the amount of interim maintenance from Rs. 7,500/- per month to Rs. 12,500/- per month. 2. Counsel for the petitioner submits that the learned appellate court without assigning any cogent reason has enhanced the amount of interim maintenance from Rs. 7,500/- per month to Rs. 12,500/- per month, which appears to be on higher side and prayed for reduction of amount of interim maintenance. It is further submitted that for about one year the petitioner-husband and respondent-wife were resided together and now they separated from each other. Counsel submits that for that period of one year, the payment of interim maintenance amount may be exempted. 3. Per contra, learned counsel for the respondents submits that the respondent-wife is taking care of two minor children and she has no source of income. Therefore, the learned appellant court has perfectly justified in enhancing the amount of interim maintenance and therefore 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. The orders of both the courts below are interim in nature and the final order on the application is yet to be passed by the trial court. The learned trial court after taking into consideration all the material available before it, has awarded interim maintenance of Rs. 7,500/- per month in favour of the respondents which has been enhanced by the appellate court to Rs. 12,500/- per month. After taking into consideration all the facts and circumstances of the case, I deem it appropriate to reduce the interim maintenance of Rs. 12,500/- per month to Rs. 9,500/- per month, as enhanced by the appellate court. 6. 7,500/- per month in favour of the respondents which has been enhanced by the appellate court to Rs. 12,500/- per month. After taking into consideration all the facts and circumstances of the case, I deem it appropriate to reduce the interim maintenance of Rs. 12,500/- per month to Rs. 9,500/- per month, as enhanced by the appellate court. 6. So far as the contention of the petitioner that the petitioner- husband and respondent-wife were resided together for a period of one year and thereafter they separated from each other and therefore for that period, the payment of interim maintenance may be exempted, is concerned, in this regard the petitioner may file an application before the trial court for exemption of payment of interim maintenance for the period of one year. On filing such application by the petitioner, the trial court shall decide the same accordingly. 7. The revision petition is disposed of accordingly. However, the trial court is directed to decide the main case pending before it as early as possible. The petitioner is directed to forthwith pay the arrears amount so also the interim maintenance amount to the respondents as ordered by this Court.