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2009 Supreme(Raj) 2296
RAJASTHAN HIGH COURT
H.R.Panwar, J.
Richpal - Appellant
Versus
Smt.Vidhya Devi - Respondent
S.B.Cr.Revsion Petition No.364 of 2009.
Decided On : 14-09-2009
For the Petitioner:Mr.R.S. Gill, Advocate.
For the Non-Petitioner:Mr. Kailash Khatri, Advocate.
The legal obligation to provide maintenance to the wife under the Protection of Women from Domestic Violence Act, 2005, was upheld by the court.
Headnote:
Domestic Violence Act - Maintenance - The court upheld the orders of the trial court and the appellate court granting interim monthly allowance of maintenance to the legally wedded wife under the Protection of Women from Domestic Violence Act, 2005.
Fact of the Case:
The wife filed a petition under Section 23 of the Protection of Women from Domestic Violence Act, 2005, seeking interim monthly allowance of maintenance. The trial court granted the maintenance, which was upheld by the appellate court.
Finding of the Court:
The court found that both the trial court and the appellate court were justified in passing the orders granting maintenance, and there was no error or illegality warranting interference in revisional jurisdiction.
Issues: The issue was whether the orders of the trial court and the appellate court granting interim monthly allowance of maintenance to the wife under the Protection of Women from Domestic Violence Act, 2005, were justified.
Ratio Decidendi: The court upheld the orders of the lower courts, emphasizing the provisions of the Protection of Women from Domestic Violence Act, 2005, and the legal obligation to provide maintenance to the wife.
Final Decision: The criminal revision petition was dismissed, and the orders of the trial court and the appellate court granting maintenance were upheld.
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