Bandna Vs. Ramnaresh Shivhare

Bandna vs Ramnaresh Shivhare

Type Court Judgment Court Madhya Pradesh Decided Jan 27, 1994

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Citation: sooperkanoon.com/502196
Court: Madhya Pradesh High Court
Judge: K.M. Agarwal, J.
Decided On: Jan 27, 1994
Case Number: C.R. No. 460 of 1991
Subject: Family

Case Summary

AI-generated summary - not the official court judgment text.

- INDIAN PENAL CODE, 1890.Section 306 :[Dalveer Bhandari & Harjit Singh Bedi,JJ] Abetment of suicide Deceased, a married woman, committed suicide - Allegation of abetment of suicide against appellant husband and in-laws - Ocular evidence was sketchy - Dying declaration recorded by Tahsildar completely exonerated all...

Key legal issue: Family
Acts & sections: Hindu Marriage Act, 1955 - Sections 24

Parties & Advocates

Appellant / Petitioner

Bandna

Advocate S.P. Sinha, Adv.

Respondent

Ramnaresh Shivhare

Advocate Nemo

Legal References

Acts: Hindu Marriage Act, 1955 - Sections 24
Reported In: II(1994)DMC161

Excerpt

- indian penal code, 1890.section 306 :[dalveer bhandari & harjit singh bedi,jj] abetment of suicide deceased, a married woman, committed suicide - allegation of abetment of suicide against appellant husband and in-laws - ocular evidence was sketchy - dying declaration recorded by tahsildar completely exonerated all accused in-laws of any misconduct dispelling any suspicion as to their involvement - letter of threat allegedly written by appellant to father of victim was concocted piece of evidence held, though presumption against appellant can be raised, it cannot be said that onus shifts exclusively and heavily on him to prove his innocence. conviction of appellant is liable to be set aside. .....i am of the view that the amounts fixed by the court below for interim alimony and litigation expenses deserve to be enhanced.3. the impugned order would show that the non-applicant is in service in a private auto company and is drawing a salary of rs. 500/~ p.m. it is also mentioned in the impugned order that the non-applicant is a member of the joint hindu family which is possessed of certain agricultural lands giving two crops in a year. under the circumstances, the amount of interim alimony to the extent of rs. 75/- per month appears to be unreasonably low. treating the total monthly income of the non-applicant to be rs. 750/- p.m. i think monthly interim alimony of rs. 150/- would be reasonable and proper amount of alimony in the facts and circumstances of the case. in the same manner, i find that the litigation expenses of rs. 200/- is very meagre. if it is enhanced to rs. 350/-, that would also be fit and proper in the peculiar facts and circumstances of the case.4. in the result, this revision partly succeeds and it is hereby partly allowed. the litigation expenses of rs. 200/- fixed by the court below is enhanced to rs. 350/- and similarly the interim alimony of rs. 75/- per month is enhanced to rs. 150/- per month to be payable from the date of application under section 24 of the hindu marriage act. no order as to costs. on receipt of an application for express certified copy, the same shall be supplied to the learned counsel for the applicant as early as possible.

Full Judgment

K.M. Agarwal, J.

1. The applicant is a legally married wife of the non-applicant. The non-applicant has filed an application for divorce in the Court below against the applicant. The applicant made an application Under Section 24 of the Hindu Marriage Act, 1955, claiming interim alimony of Rs. 500/-per month and Court expenses of Rs. 500/-. The application was resisted by the non-applicant but partly allowed by the Court below by granting interim alimony of Rs. 75/- per month and litigation expenses to the tune of Rs. 200/-. Being aggrieved, the wife has preferred this revision for enhancement in the amount of interim alimony as also in the amount of litigation expenses.

2. Having heard the learned Counsel for the applicant and after having gone through the record, I am of the view that the amounts fixed by the Court below for interim alimony and litigation expenses deserve to be enhanced.

3. The impugned order would show that the non-applicant is in service in a private auto company and is drawing a salary of Rs. 500/~ p.m. It is also mentioned in the impugned order that the non-applicant is a member of the joint Hindu family which is possessed of certain agricultural lands giving two crops in a year. Under the circumstances, the amount of interim alimony to the extent of Rs. 75/- per month appears to be unreasonably low. Treating the total monthly income of the non-applicant to be Rs. 750/- p.m. I think monthly interim alimony of Rs. 150/- would be reasonable and proper amount of alimony in the facts and circumstances of the case. In the same manner, I find that the litigation expenses of Rs. 200/- is very meagre. If it is enhanced to Rs. 350/-, that would also be fit and proper in the peculiar facts and circumstances of the case.

4. In the result, this revision partly succeeds and it is hereby partly allowed. The litigation expenses of Rs. 200/- fixed by the Court below is enhanced to Rs. 350/- and similarly the interim alimony of Rs. 75/- per month is enhanced to Rs. 150/- per month to be payable from the date of application under Section 24 of the Hindu Marriage Act. No order as to costs. On receipt of an application for express certified copy, the same shall be supplied to the learned Counsel for the applicant as early as possible.

Same Court & Year Madhya Pradesh · 1994 Same Parties Bandna vs Ramnaresh Shivhare Same Subject Family Same Judge K.M. Agarwal, J. Acts & Sections Hindu Marriage Act, 1955 - Sections 24

Family