S.B. Cr. Revision No.715/2011- Smt Paras Devi v. Sruesh Chand

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

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J U D G M E N T

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PETITIONER :

RESPONDENT :

Smt Paras Devi

v.

Suresh Chand

S.B. CRIMINAL REVISION PETITION No.715 OF 2011

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Date of Order : 17^th April 2012

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PRESENT

HON'BLE MR JUSTICE NARENDRA KUMAR JAIN-II

Mr Abhinav Jain, for the petitioner

Mr Farzand Ali, for the respondent

BY THE COURT :

This Revision Petition under sec.397 read with

sec.401 CrPC is directed against the order dated 27^th June

2011 passed by learned Sessions Judge, Chittorgarh in Cr.

Revision No.189/2010, whereby revision petition of

petitioner-husband was partly allowed, thereby modifying

amount of interim maintenance to Rs.1000/- per month

from Rs.2000/- per month to the present petitioner-wife, as

ordered by the trial court by its order dated 01^st July 2010.

2)Briefly stating facts of the case are that petitioner-wife

preferred an application under sec.125 CrPC before learned

Additional Chief Judicial Magistrate, Kapasan (Chittorgarh),

inter alia, averring that the respondent married her on

19.4.2000 in village Kotla with Hindu rites & customs. After

some time of the marriage the petitioner-husband and the

in-laws started giving her maltreatment, demanding more

S.B. Cr. Revision No.715/2011- Smt Paras Devi v. Sruesh Chand

judgment dt:17.04.2012

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dowry. Some amount was paid by her father but still their

demand exceeded, which could not be fulfilled by her father.

They respondent-husband started beating her and

ultimately expelled her from the matrimonial home. With

these averments, the present non-petitioner-wife moved an

application under sec.125 CrPC praying for maintenance

allowance from petitioner-husband.

3)During pendency of the application under sec.125 CrPC,

an application for grant of interim maintenance was filed.

The respondent-husband mainly contended that he has

moved an application for restitution of the conjugal rights

and the wife is living separately at her own. After

considering the rival submissions, learned trial judge by an

elaborate order accepted the application and ordered the

respondent-husband for payment of Rs.2000/- per month

towards interim maintenance till appropriate order is passed

on the application under sec.125 CrPC.

4)Aggrieved thereby, the respondent-husband moved a

Revision Petition before learned Sessions Judge, whereupon

learned Sessions Judge partly accepted his petition and

reduced the amount of interim maintenance from Rs.2000/-

per month to Rs.1000/- per month. Present Revision

Petition has been preferred by the petitioner-wife against

reducing of the amount of interim maintenance by the

learned Sessions Judge vide impugned order dated 27^th June

2011.

5)Learned counsel for the petitioner challenged the order

impugned while reiterating the contentions raised before the

S.B. Cr. Revision No.715/2011- Smt Paras Devi v. Sruesh Chand

judgment dt:17.04.2012

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court below and submitted that the respondent-husband

wrongly alleged but failed to show that the petitioner-wife

has any other source of income. In the Revision before the

court below, learned Sessions Judge wrongly reduced the

reasonable amount of interim maintenance from Rs.2000/-

to Rs.1000/-.

6)Learned counsel for the respondent-husband contended

that he is educated unemployed person and participating in

competitive examinations and has no stable income source

but due to false cases lodged by the petitioner-wife, he is in

deep mental agony, which is harmful for his bright career. It

was asserted by the learned revisional court below that the

petitioner-wife is getting maintenance of Rs.2000/- as per

order of the District Judge, Rajsamand. The petitioner-wife

never fulfilled her duty as wife with the petitioner, so she is

not entit