Rajendra Sharma Vs. State and anr

Rajendra Sharma vs State and anr

Type Court Judgment Court Rajasthan Jodhpur Decided May 07, 2012

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https://sooperkanoon.com/case/973624

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Citation: sooperkanoon.com/973624
Court: Rajasthan Jodhpur High Court
Decided On: May 07, 2012
Subject: Education

Case Summary

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

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Rajendra Sharma

Respondent

State and anr

Excerpt

.....interim maintenance made by the respondent no. 2 and directed the petitioner to make a payment of interim maintenance to the respondent no. 2 at the rate of rs. 1,000/-per month. learned counsel for the petitioner submits that the petitioner has raised a specific objection before the learned family judge that the respondent while concealing the fact of her earlier marriage with one mahendra singh, contracted marriage with the petitioner & thus she was not entitled to claim maintenance from the petitioner. learned counsel further submits that the order of interim maintenance has been passed without adverting to the objections raised by the petitioner. copy of the judgment dated 20.02.2008 passed in case no. 486/04 in the case of state vs. mahendra singh has been placed on record, as per which, mahendra singh has been acquitted of the charge under section 498 a ipc. the case was registered on the basis of the fir filed by the respondent no.2. learned counsel submits that it was obligatory for the trial court to have considered the objections of the petitioner and then only the order of interim maintenance could have been passed. having considered the arguments advanced at the bar 2 and after going through the order impugned, it is evident that the learned family judge has not considered the objections/reply filed by the petitioner and without due application of mind to the objections raised on behalf of the petitioner, the order of interim maintenance has been passed. the revision thus succeeds and the order dated 06.01.2010 passed by learned judge family court jodhpur is hereby quashed and the matter is remanded back to the trial court to pass a fresh order on application for interim maintenance after considering all the objections raised by the petitioner. the revision petition is accordingly allowed. stay application is also disposed of. (sandeep mehta), j.bharti

Full Judgment

1 S.B. Criminal Misc.Petition No. 1095/2010 Rajendra Sharma Vs. State & Ors. Date of Order:

07. 05.2012 HON'BLE MR. JUSTICE SANDEEP MEHTA Mr.NR Goswami, for the petitioner. Mr.A.R.Nikub, Public Prosecutor. None present, for the respondent. The instant misc.petition has been filed by the petitioner challenging the order dated 06.01.2010 passed by learned Judge Family Court, Jodhpur in case no. 73/2007 whereby the learned Judge Family Court has accepted the prayer for interim maintenance made by the respondent no. 2 and directed the petitioner to make a payment of interim maintenance to the respondent no. 2 at the rate of Rs. 1,000/-per month. Learned counsel for the petitioner submits that the petitioner has raised a specific objection before the learned Family Judge that the respondent while concealing the fact of her earlier marriage with one Mahendra Singh, contracted marriage with the petitioner & thus she was not entitled to claim maintenance from the petitioner. Learned counsel further submits that the order of interim maintenance has been passed without adverting to the objections raised by the petitioner. Copy of the judgment dated 20.02.2008 passed in case no. 486/04 in the case of State Vs. Mahendra Singh has been placed on record, as per which, Mahendra Singh has been acquitted of the charge under Section 498 A IPC. The case was registered on the basis of the FIR filed by the respondent no.

2. Learned counsel submits that it was obligatory for the trial Court to have considered the objections of the petitioner and then only the order of interim maintenance could have been passed. Having considered the arguments advanced at the bar 2 and after going through the order impugned, it is evident that the learned Family Judge has not considered the objections/reply filed by the petitioner and without due application of mind to the objections raised on behalf of the petitioner, the order of interim maintenance has been passed. The revision thus succeeds and the order dated 06.01.2010 passed by learned Judge Family Court Jodhpur is hereby quashed and the matter is remanded back to the trial Court to pass a fresh order on application for interim maintenance after considering all the objections raised by the petitioner. The revision petition is accordingly allowed. Stay application is also disposed of. (SANDEEP MEHTA), J.

Bharti

Same Court & Year Rajasthan Jodhpur · 2012 Same Parties Rajendra Sharma vs State and anr Same Subject Education