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Dr. Babulal Tiwari vs Smt. Pratima Tiwari 40 … on 19 February, 2019

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
2

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
3

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

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