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2023 Supreme(Raj) 1767

ASHUTOSH KUMAR
Priti Singh – Appellant
Versus
Dhruvraj Singh Rathore – Respondent


Advocates Appeared:
For the Appellant : Mr. Neeraj Batra and Mr. Asbwin Garg (for wife).
For the Respondents: Mr. Suresh Kumar, Public Prosecutor and Mr. Ashutosh Bhatia (for husband).

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case involves a revision of interim maintenance awarded to the wife under the Protection of Women from Domestic Violence Act, 2005. The Trial Court had ordered Rs. 35,000/- per month, which was upheld by the Appellate Court (!) (!) .

  2. The wife, Priti Singh, filed the application claiming that the husband, Dhruvraj Singh Rathore, was highly qualified, earning a substantial income, and belonging to a well-to-do family with multiple sources of income and assets. She contended that the amount awarded was insufficient for her maintenance needs (!) (!) (!) .

  3. The husband claimed he was unemployed at the time of the order, with a minimal annual income reported in his income tax returns, and had no substantial sources of income. He also stated he owned agricultural land that was rain-dependent and engaged in property dealing and second-hand car sales (!) (!) (!) .

  4. The wife is employed as a teacher earning approximately Rs. 28,200/- per month, which she considered while claiming her maintenance needs. The wife’s affidavit indicated her earning Rs. 37,700/- per month as a temporary school teacher (!) (!) .

  5. The Court emphasized that the purpose of maintenance is to prevent the dependent spouse from being reduced to destitution, and the quantum should reflect the standard of living of the husband, not solely his income (!) (!) .

  6. The Court acknowledged that the husband’s income, assets, and lifestyle support the maintenance amount awarded, and that the amount was reasonable and justified given the circumstances. It also noted that the maintenance order is interim and subject to final determination (!) (!) .

  7. The Court reaffirmed that earning capacity or potential to earn does not automatically disqualify a spouse from receiving maintenance, especially when the spouse is unable to maintain herself adequately (!) (!) .

  8. The revision petitions filed by both parties—one for enhancement by the wife and one to quash the order by the husband—were dismissed, as the Court found no merit in interfering with the lower courts’ findings (!) (!) .

  9. The Court highlighted that the amount of Rs. 35,000/- per month was appropriate considering the financial positions and standard of living of both parties, and that the order was passed after due appreciation of all evidence and circumstances (!) .

  10. All pending applications and stay requests were disposed of along with the main order (!) .

Please let me know if you need further analysis or assistance with this case.


JUDGMENT :

(Ashutosh Kumar, J.)

The present criminal revision petitions have been filed against the common order dated 31.5.2022 passed by learned Additional District and Sessions Judge, Sawai Madhopur (hereinafter referred to as the 'Appellate Court') in Criminal Appeal No. 22/2022 (Smt. Priti Singh v. Dhruvraj Singh Rathore & Anr.) and in Criminal Appeal No. 03/2022 (Dhruvraj Singh Rathore & Anr. v. Priti Singh) whereby the Appellate Court upheld the impugned order dated 24.12.2021 passed by learned Chief Judicial Magistrate Sawai Madhopur (hereinafter referred to as the 'Trial Court') in Criminal Miscellaneous Case No. 324/2016.

2. The criminal misc. case No. 324/2016 was filed by the petitioner-Priti Singh against her husband-Dhruvraj under the provisions of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act of 2005) in which interim maintenance was claimed by petitioner-wife.

3. Learned Trial Court directed the respondent-husband to pay Rs. 35,000/- as interim maintenance to his wife-Priti.

4. Both the parties, aggrieved by the impugned order, have preferred these criminal revision petitions, Mrs. Priti for enhancement of the amount of

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