NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Revision No.956 of 2018
Dr. Babulal Tiwari, S/o Shri Umakant Tiwari, aged about 36 years, R/o
Vitthal Nagar-1, Near Udaynagar Chowk, Nagpur, Police Station
Hudkeshwar, District Nagpur (Maharashtra), Work Place Address – Dr.
B.U. Tiwari, Parwati Nagar, District Nagpur (Maharashtra)
—- Applicant
versus
1. Smt. Pratima Tiwari, W/o Dr. Babulal Umakant Tiwari, aged about 27
years, Presently R/o House No.244/1, Jagriti Nagar, Raipur, District
Raipur, Chhattisgarh
2. Ku. Aradhya Tiwari, aged about 20 months (minor), through natural
guardian mother Pratima Tiwari, D/o Dr. Babulal Upadhyay Umakant
Tiwari, presently R/o House No.244/1, Jagriti Nagar, Raipur, District
Raipur, Chhattisgarh
— Respondents
For Applicant : Shri Tarendra Kumar Jha, Advocate
For Respondents : Shri Achyut Tiwari, Advocate
Hon’ble Shri Justice Arvind Singh Chandel
Order on Board
19.2.2019
1. With the consent of Learned Counsel appearing for the parties, the
matter is heard finally.
2. Facts
of the case, in brief, are that the Applicant/husband filed a
suit under Section 13 of the Hindu Marriage Act against
Respondent No.1/wife before the Family Court No.2, Nagpur for
dissolution of their marriage which was solemnised on 27.5.2011.
In the said proceeding, Respondent No.1/wife filed an application
under Section 24 of the Hindu Marriage Act. Vide order dated
19.5.2018, the Family Court, Nagpur granted Rs.3,000/- per month
in favour of Respondent No.1/wife and Rs.2,500/- per month in
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favour of Respondent No.2/daughter as maintenance pendente
lite. A separate application for maintenance under Section 125 of
the Code of Criminal Procedure, being Case No.628 of 2017, was
filed by Respondent No.1/wife before the Family Court, Raipur.
Vide the impugned order dated 10.7.2018, the Family Court,
Raipur, granted interim maintenance of Rs.5,000/- per month in
favour of Respondent No.1/wife and that of Rs.3,000/- per month in
favour of Respondent No.2/daughter. Hence, the instant revision
has been preferred by the husband/Applicant.
3. Learned Counsel appearing for both the parties jointly submit that
two different orders granting interim maintenance in favour of the
Respondents have been passed by the two Family Courts of
Nagpur and Raipur, but, in accordance with law, out of the two,
only one order can prevail. Learned Counsel appearing for both
the parties have agreed that the order of the Family Court, Raipur
granting interim maintenance in favour of the Respondents may be
ordered to prevail and the Respondents may be granted liberty to
file an appropriate application before the Family Court, Nagpur for
claiming travelling expenses etc. for appearance before that Court
in the matter pending there under Section 13 of the Hindu Marriage
Act.
4. Taking into consideration the joint submission made by Learned
Counsel for the parties, it is directed that the order of the Family
Court, Raipur granting interim maintenance of total Rs.8,000/- per
month in favour of the Respondents shall only prevail and the
Respondents shall be at liberty to move an appropriate application
before the Family Court, Nagpur for claiming travelling expenses
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etc. for appearance before that Court in the matter pending there
under Section 13 of the Hindu Marriage Act.
5. Consequently, the revision is disposed of in the aforesaid terms.
Sd/-
(Arvind Singh Chandel)
Judge
Gopal
