Dinesh Kumar Shrivastava Vs Jyoti Shrivastava & Ors

Madhya Pradesh High Court (Gwalior Bench) 3 Feb 2022 Criminal Revision No. 380 Of 2022 (2022) 02 MP CK 0024
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Criminal Revision No. 380 Of 2022

Hon'ble Bench

Satish Kumar Sharma, J

Advocates

Ankur Maheshwari

Final Decision

Dismissed

Acts Referred
  • Code Of Criminal Procedure, 1973 - Section 397, 401
  • Family Court Act, 1984 - Section 19

Judgement Text

Translate:

Satish Kumar Sharma, J

This criminal revision has been preferred under Section 397/401 of the Code of Criminal Procedure read with Section 19 of the Family Court Act

against the order dated 16/12/2021 passed by the learned Principal Judge, Family Court Morena (M.P.) in Case No.22/2020 MJC, whereby interim

maintenance to the tune of Rs.5,000/- per month to respondent No.1/wife and Rs.2,000/- each per month to the respondents No.2 and 3/minor

daughter and son respectively have been awarded from the date of the impugned order.

Heard learned counsel for the petitioner and perused the record made available on record.

Learned counsel for the petitioner submits that whole income of the petitioner is only Rs.28,665/-per month and he is also having other liabilities to

fulfill. Respondent/applicant alongwith her two minor children is living in his house and he is compelled to reside in a rented accommodation. The

amount so awarded is in excess, therefore, this revision deserves to be admitted and allowed.

Having heard learned counsel for the petitioner and on perusal of the record, this Court finds that respondent No.1/applicant is legally wedded wife of

the petitioner herein and respondents No.2 and 3 are her minor daughter and son. Indisputedly, respondents are living separately from the petitioner.

Respondent/applicant is unable to maintain herself for want of any independent income particularly because she has to look after her minor children.

The petitioner/husband is a Govt. servant. Respondents have claimed Rs.35,000/- per month for maintenance against which only Rs.9,000/-per month

has been awarded which cannot be said to be excessive in any manner in view of spiralling inflation rates and high costs of living.

While passing the impugned order, learned Family Court duly considered all the aspects of the matter. This Court does not find any reason to interfere

with the impugned order.

This Criminal Revision sans merits and is, therefore, dismissed.

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