Back
PUSHPENDRA SINGH BHATI
Rakesh Gehlot – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred claiming the following reliefs:
"It is, therefore most respectfully prayed that the application filed by the petitioner u/s. 482 Cr.P.C. may be allowed and:
The order dated 22.10.2021 passed by the learned Family Court No. 2, Jodhpur Metropolitan, Jodhpur in Criminal Case No. 69/2019 may kindly be quashed and set aside and the application filed by the petitioner under Section 91 Cr.P.C. may kindly be allowed as prayed for."
2. Brief facts of this case, as placed before this Court by learned counsel for the petitioner, are that a complaint was filed by the complainant/respondent No. 2 (wife) before the learned Court below, under Section 125 Cr.P.C. against her husband (petitioner herein), her father-in-law and her mother-in-law, alleging therein that immediately after she got married to the present petitioner, on 31.01.2013 at Jodhpur, the petitioner-husband and her in-laws began harassing her, while making excessive demands of dowry. And that, she was subsequently thrown out of her matrimonial home, while her in-laws kept all her Stridhan with them. Out of the wedlock, the pa
The rejection order passed by a competent court will operate as res judicata against filing of the subsequent application on the same set of facts and grounds in the pending litigation between the sa....
The rejection of an application under Section 91 Cr.P.C. by the trial court will operate as res judicata against filing a subsequent application on the same set of facts and grounds in the pending li....
The court emphasized the importance of effective implementation of maintenance grants and considered the financial positions of both parties in determining the maintenance amount.
The importance of filing Affidavits of Disclosure of Income/Assets in maintenance proceedings and the obligation to pay maintenance to the respondent-wife.
The obligation of the husband to provide maintenance stands on a higher pedestal than the wife, and the standard of living enjoyed by the wife during the marriage must be maintained by the husband ev....
There is no bar to seek maintenance under different statutes, and the amount awarded should not overlap and should be inclusive of maintenance under each jurisdiction and not exclusive.
The Family Court has jurisdiction to decide cases under both Section 125 of Cr.P.C. and Section 20 of the Hindu Adoption and Maintenance Act, 1956, and can grant maintenance to an unmarried major dau....
The obligation of a husband to maintain his wife under Section 125 of the CrPC is a statutory duty, and the assessment of maintenance must consider the husband's income and the wife's financial needs....
The court upheld the award of interim maintenance and emphasized the expeditious resolution of the main case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
