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CHATTISGARH HIGH COURT
Prashant Kumar Mishra, J
Santoshi Jaiswal – Appellant
Versus
Rakesh Kumar Jaiswal – Respondent
| Table of Content |
|---|
| 1. direction against maintenance order involving execution. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented for overturning family court's order. (Para 5 , 6) |
| 3. court’s reasoning on maintaining maintenance order despite decree. (Para 7 , 8 , 9 , 10) |
| 4. conclusion on ruling and directive. (Para 11) |
1. This revision is directed against the order dated 30/11/2007 passed by the Family Court, Raigarh in MJC No. 37/2006.
2. The present applicants were granted maintenance under S.125 of the Criminal Procedure Code, 1973 ('the Cr.P.C.' for brevity) by order dated 17/01/2006 and it has been held that each of the applicants are entitled for monthly maintenance of Rs. 1,000/- from the non - applicant.
3. The applicants levied execution for arrears of maintenance amount Rs. 40,000/-. In the said execution, the non - applicant filed an application (IA No. 1) stating that a decree for restitution of conjugal rights has been passed in his favour directing the applicant No. 1 to live with him. Since she has failed to execute that decree, therefore, the non - applicant is not liable to make payment of the maintenance amount after the date of the impugned order i.e. 30/11/2007.
4. The Fami
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