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2017 Supreme(Raj) 1734
IN THE HIGH COURT OF RAJASTHAN
PANKAJ BHANDARI, J.
HAZARI LAL ALORIA — Appellant
Vs.
SMT. BARFI DEVI — Respondent
S.B. Criminal Revision No. 167 of 2009 and 1541 of 2008
Decided on : 08-09-2017
Advocate Appeared:
For the Appellant :Mr. Rajeev Soragwal, Advocate
For the Respondent:Mr. Parag Rastogi, Advocate
The principle of merger of orders under section 127 of Cr.P.C., 1973 rendered the revision petitions infructuous.
Headnote:
Maintenance - Revision Petitions - The court dismissed the revision petitions on the grounds that the order for enhancement of maintenance had merged with the previous order, rendering the revision petitions infructuous.
Fact of the Case:
The respondent moved an application for enhancement of maintenance, which was allowed, and the maintenance was increased from Rs. 4,000 to Rs. 7,500 per month. The petitioner had been paying the enhanced amount for many months.
Finding of the Court:
The court dismissed the revision petitions as the order for enhancement of maintenance had merged with the previous order under section 127 of Cr.P.C., 1973, making the revision petitions infructuous.
Issues: The main issue was whether the revision petitions challenging the order for enhancement of maintenance under section 125 of Cr.P.C., 1973 were still valid after the maintenance amount had been revised.
Ratio Decidendi: The court held that the order for enhancement of maintenance had merged with the previous order under section 127 of Cr.P.C., 1973, making the revision petitions infructuous.
Final Decision: The court dismissed the revision petitions and disposed of the stay application.
Pankaj Bhandari, J.
It is contended by counsel for the respondent that the respondent moved an application for enhancement of the maintenance and the application was allowed and the maintenance was enhanced from Rs. 4,000/- to Rs. 7,500/- per month which amount petitioner is paying for last many months.
2. It is contended by counsel for the respondent that since the amount of maintenance has been revised by the Court below the challenging order passed under section 125 of Cr.P.C., 1973 revision petitions have become infructuous.
3. I have considered the contentions, the order passed under section 125 of Cr.P.C., 1973 has merged in order passed under section 127 of Cr.P.C., 1973 hence the revision petitions are dismissed. Stay application stands disposed. Copy of this order be placed in each connected file.
