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HIGH COURT OF CHHATTISGARH AT BILASPUR
Smt. Justice Rajani Dubey, J
Baldau Singh Thakur, S/o Shri Dhruv Singh Thakur – Appellant
Versus
Neetu Singh, W/o Shri Baldau Singh Thakur – Respondent
Order :
(Rajani Dubey, J.)
1. The present petition has been filed under Section 482 of Cr.P.C. for recalling the order dated 04.07.2019 passed in CRR No. 1064/2017 whereby the maintenance amount was again enhanced to Rs.17,000/-
per month by modifying the order dated 27.09.2017.
2. Briefly stated facts of the case are that vide order dated 27.09.2017 passed by the learned Additional Principal Family Judge, Bilaspur in M.J.C. No. 279/2017, the maintenance amount payable to the present respondents was enhanced from Rs. 10,000/- to Rs. 11,000/- per month. Being aggrieved by this order, the respondents herein filed Criminal Revision bearing CRR No. 1064/2017 before this Court and this Court vide order dated 04.07.2019 (Annexure P/1) enhanced the maintenance amount to Rs. 17,000/- per month by modifying the order dated 27.09.2017. The order passed in CRR No. 1064/2017 was exparte order as the present petitioner did not receive the notice of the case, therefore he filed petition bearing Cr.M.P. No. 2187/2019 for recalling the order passed in Cr.R. No. 1064/2017. The same was decided on 02.12.2019 (Annexure P/2). The petitioner herein still maintains that summons was not served upon him or h
The doctrine of merger dictates that an appellate decision supersedes prior orders, ensuring only the latest ruling is enforceable.
The doctrine of merger implies superior courts' orders supersede previous rulings, ensuring a single operative order governs similar subject-matter.
Maintenance enhancement under statutory provisions requires clear proof of changed circumstances, is strictly limited to monthly allowances, and must adhere to procedural guidelines for financial ass....
Maintenance must be just and reasonable, balancing the financial status of the husband and standard of living accustomed to by the wife, while concurrent factual findings should only be disturbed if ....
A magistrate has the authority to modify or cancel maintenance orders under Section 125 and 127 of the Cr.P.C. based on changed circumstances, as clarified by the Supreme Court.
The court established that applications for maintenance under the D.V. Act must be properly categorized, and the Magistrate has the authority to modify maintenance orders based on changed circumstanc....
three children are under the custody of their mother/ petitioner. Since the petitioner is a guardian of their children she has to maintain the education and marriage of the children etc. Further, the....
The revisional court must provide reasons for altering the effective date of maintenance orders under S.125 of the Cr.P.C.
The court emphasized that maintenance amounts must match the living standards and financial capabilities of both parties, rejecting the husband's claim of poverty due to his affluent background.
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