HIGH COURT OF MADHYA PRADESH
Lakshmi W/O Nilesh Kunhare – Appellant
Versus
Nilesh – Respondent
CRR 5204/2024
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NEUTRAL CITATION NO. 2025:MPHC-IND:37491
2 CRR-5204-2024
Heard.
04. Learned counsel for the respondent has opposed the petition.
Perused the record.
05. The order dated 17/12/2025 reveals that the revision petitioner/wife
is not prompt in adducing the evidence. The proceedings of the trial court
disclose that the trial Court has not provided any interim relief to the revision
petitioner/wife. On the contrary has imposed the cost of Rs.4,000/- on the
date prior to 17.12.2025 that have been paid on 17.12.2025 by the revision
petitioner/wife to the respondent/husband and has imposed the cost of
Rs.2,000/- on 17.12.2025.
06. The delay in adducing the evidence cannot be appreciated, but
simultaneously imposing the heavy cost on a woman, who approached the
court for maintenance, also cannot be appreciated.
07. Considering the material available with this court indicates that the
revision petitioner/wife has not adduced her evidence before the trial Court.
08. The scope of revision in a challenge to the order of interim
maintenance is very limited, as mentioned by the Apex Court in case of
Malkeet Singh Gill v. The State of Chhatisgarh reported in (2022) 8 SCC
204; relevant para 10 is being reproduced, as below: -
“10. ... the scope of interference in revision is extremely narrow.
The object of the provision is to set right a patent defect or an
error of jurisdiction or law. There has to be well-founded error
which is to be determined on the merits of individual case. It is
also well settled that while considering the same, the Revisional
Court does not dwell at length upon the facts and evidence of the
case to reverse those findings.”
09. Above limited scope and material available on record does not
provide the ground to interference in the impugned order. Hence, the present
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 19-Dec-25
8:43:37 PM
##PAGE3##NEUTRAL CITATION NO. 2025:MPHC-IND:37491
3 CRR-5204-2024
criminal revision being devoid of merit is hereby dismissed.
10. The revision petitioner/wife is directed to adduce the evidence on
the date fixed by the trial Court i.e.09/01/2026 and the trial Court is requested
to proceed in the case on day to day basis, concluding the trial within four
months and proceed in the case firmly but without imposing any cost on the
revision petitioner/wife.
11. If the revision petitioner/wife succeeds, then include this cost in the
cost of proceeding and give relief and passed the order accordingly.
(GAJENDRA SINGH)
JUDGE
VS
Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 19-Dec-25
8:43:37 PM
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