* 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. ....."
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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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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
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