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2024 Supreme(Online)(MP) 55646

HIGH COURT OF MADHYA PRADESH
Smt. Reena Mahawar – Appellant
Versus
Rohit Mahawar – Respondent
CRR 3352/2023



Advocates:
Ravina Bairagee,

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PREM NARAYAN SINGH st ON THE 21 OF FEBRUARY, 2024 CRIMINAL REVISION No. 3352 of 2023 BETWEEN:-

1. SMT. REENA MAHAWAR W/O ROHIT MAHAWAR, AGED ABOUT 29 YEARS, OCCUPATION: NIL CHANDMAL KI CHAL, LAXMANPURA RATLAM (MADHYA PRADESH)

2. NETIK MAHAWAR MINOR THR GUARDIAN MOTHER SMT. REENA MAHAWAR W/O ROHIT MAHAWAR, AGED ABOUT 29 YEARS, OCCUPATION: NOTHING HAL MUKAM CHANDMAL KI CHAL LAXMANPURA RATLAM (MADHYA PRADESH)

.....PETITIONER (MS. RAVINA BAIRAGEE, LEARNED COUNSEL FOR THE PETITIONER .

AND ROHIT MAHAWAR S/O NATHULAL MAHAWAR, AGED ABOUT 30 YEARS, OCCUPATION: THEKEDARI (PAINTING AVM PUTAI) SARKARI SCHOOL KE PEECHHE, PREMNAGAR PRATHAM, GOVIND NAGAR, DISTRICT KOTA (RAJASTHAN) POLICE STATION-

UDYOG NAGAR DISTRICT KOTA (RAJASTHAN)

.....RESPONDENTS (NONE FOR THE RESPONDENT THOUGH SERVERED)

This revision coming on for admission this day, the court passed the following:

ORDER

1. This criminal revision has been filed by the petitioners under Section

19(4) of the Family Courts Act of Cr.P.C r/w Section 397 of Cr.P.C. being aggrieved by the judgment dated 08.07.2023, passed by learned Principal Judge, Signature Not Verified Family Court, Ratlam M.P., in MJCR No.237/2022, whereby the learned Principal Judge has awarded maintenace of Rs.2500/- & Rs.1000/- per month in favour of the petitioners respectively, hence, present petition.

2. During the course of arguments, learned counsel for the petitioner submits that the respondent has given wrong affidavit before the learned family Court showing his income only Rs.3000/- per month, whereas, he is working as contractor of painting and therefore, the meager amount awarded by the learned trial Court should be enhanced to some extent.

3. I have heard the counsel for the petitioner and perused the record.

4. In view of the argument made by counsel for the petitioner as well as the other material on record, the petition stands disposed of by setting aside the impugned order with a direction that the maintenance amount awarded by the Trial Court is enhanced from Rs.2500/- to Rs.3,000/- & Rs.1000/- to Rs.2000/-

per month in favour of the petitioners from the date of impugned order.

5. Respondent is also directed to deposit the arrears of maintenance amount within two months from the date of order passed from today.

6. It is for the learned family Court to expedite the trial and conclude the same preferably within four months from today.

7. It is also made clear that the learned trial court shall not be influenced from the findings of this Court while passing the final order.

8. A copy of this order be sent to the learned trial Court concerned for information.

9. With the aforesaid directions, the petition stands disposed of.

(PREM NARAYAN SINGH)

JUDGE Signature Not Verified amit

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