Wednesday, March 25, 2015

IF paying DV maintenance, seek variation of S 125 maintenance

Husband paying maintenance under DV also ordered to pay maintenance under Sec 125 CrPc by Hon Family court. Hon. HC says, see revision of 125 maint under sec 127

 

* Husband ordered to pay Rs. 2000 under DV

* Later Husband ALSO ordered to pay rs. 2000 under Sec 125 CrPc by Hon family court

* Husband appeals DV order to High court

* The Hon. HC states ".....Since the order of maintenance passed in Domestic Violence case is earlier in time, in these circumstances applicant may raise this point before the Family Court by filing an application under Section 127 of Cr.P.C. for variation or alteration of maintenance amount. ....."

 

*****************************disclaimer**********************************

This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

******************************************************************

CASE FROM JUDIS / INDIAN KANOON WEB SITE

******************************************************************

 

Madhya Pradesh High Court

 

CRR-1524-2014

 

MOHD. SHAHID Vs SMT. REHANA BEE

 

17-03-2015

 

Shri Deepak Singh, counsel for the applicant.

Shri Raghvendra Kumar, counsel for the respondent.

 

Heard.

 

This revision petition is directed against the impugned order dated 27.6.2014 passed by the XI Additional Sessions Judge, Bhopal in Criminal Appeal No. 1023/2013 whereby the interim order dated 27.9.2013 passed by Judicial Magistrate First Class, Bhopal in Case No. 854/2012, has been affirmed.

 

It is not in dispute that applicant is husband of respondent Rehana Bee. Respondent had filed an application under Section 23 of Protection of Women from Domestic Violence Act, 2005 against the applicant and prays for grant of interim maintenance. Trial Court (Judicial Magistrate First Class), Bhopal, after hearing the parties passed the impugned order and directed the applicant to pay interim maintenance a sum of Rs. 2,000/- per month to the respondent. Being aggrieved thereby, applicant has filed the appeal before the Sessions Court which has been dismissed vide order dated 27.6.2014. Hence this revision. http://evinayak.tumblr.com  http://vinayak.wordpress.com http://fromvinayak.blogspot.com

 

Learned counsel for the applicant submitted that Courts below have committed illegality in passing the impugned orders. It is further submitted that an application under Section 125 of Cr.P.C. has already been decided by the Family Court, Bhopal wherein order for paying a sum of Rs. 2,000/- as maintenance has been passed by the Family Court on 7.2.2013.

 

It is further submitted that the respondent had suppressed the fact before the Family Court that the order for maintenance of Rs. 2,000/- has already been passed in her favour in the case of Domestic Violence, therefore prays for setting aside the impugned order passed by the Courts below.

 

Learned counsel appearing on behalf of the respondent has opposed the application.

 

I have perused the impugned order along with the first order dated 3.1.2013 passed by the Judicial Magistrate First Class, Bhopal and the order dated 7.2.2013 passed by the Family Court, Bhopal.

 

It reveals on perusal of order dated 3.1.2013 passed by Judicial Magistrate First Class that this order passed earlier in time to the order passed by the Family Court on 7.2.2013. It is true that Court can take the note of order of maintenance passed in another proceeding.

 

Since the order of maintenance passed in Domestic Violence case is earlier in time, in these circumstances applicant may raise this point before the Family Court by filing an application under Section 127 of Cr.P.C. for variation or alteration of maintenance amount. Therefore, there is no ground to interfere in the order passed by the Courts below under Section 23 of Protection of Women from Domestic Violence Act, 2005. http://evinayak.tumblr.com  http://vinayak.wordpress.com http://fromvinayak.blogspot.com

 

The petition is dismissed with the aforesaid observation.

 

C.C. as per rules.

 

(G.S. SOLANKI) JUDGE

 

 

PDf file uploaded to http://1drv.ms/1ES6Fjz

 

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/  FOR 100s of high court and supreme court cases
  
  
regards
  
Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist