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2023 Supreme(SC) 1111

VIKRAM NATH, RAJESH BINDAL
Aditi alias Mithi – Appellant
Versus
Jitesh Sharma – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Pragati Neekhra, AOR Mr. Aditya Bhanu Neekhra, Adv. Mr. Aniket Patil, Adv.

JUDGMENT :

VIKRAM NATH, J.

1. Leave granted.

2. As per the office report dated 30.10.2023, the respondent had refused to receive notice, hence, the service is deemed to be complete.

3. The appellant-minor daughter of the respondent-father is aggrieved of the order1 [Dated 28.06.2023 in Criminal Revision No. 4939 of 2022] passed by the High Court2 [High Court of Madhya Pradesh at Gwalior] by which the order3 [Dated 30.11.2022] passed by the Family Court4 [Family Court, Guna] was modified. The Family Court had fixed maintenance for the appellant Rs. 20,000/- per month, which was reduced to Rs. 7,500/- per month by the High Court.

4. Learned counsel for the appellant submitted that the marriage between the mother of the appellant and the respondent was solemnized in the year 2008. Out of the wedlock a boy and a girl were born. The custody of the boy is with the respondent whereas the appellant is living with the mother. A divorce petition was filed by the respondent-husband in January 2018 before the Family Court. In May 2018 the appellant and her mother-Shikha Sharma filed an application under Section 125 Cr.P.C. before the Family Court. The divorce petition filed by the respondent-husban

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