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Shiva vs Neha on 30 September, 2019

1 MP-5023-2019
The High Court Of Madhya Pradesh
MP-5023-2019
(SHIVA Vs NEHA)

1
Jabalpur, Dated : 30-09-2019

Shri Sunil Kumar Mishra, learned counsel for the petitioner.
Heard on the question of admission.
The present petition has been filed by the petitioner herein
aggrieved by the order dated 5.8.2019 passed by the learned Principal

Judge, Family Court, Burhanpur in Case No. 41/2019 by which an
application moved by respondent Neha who is wife of the petitioner

herein, under Section 24 of the Hindu Marriage Act for maintenance
pendente lite, a petition filed for divorce by the petitioner was
allowed by the learned trial Court granting her a monthly maintenance
of Rs. 1500/-.

The contention of the learned counsel for the petitioner is that
the learned trial Court failed to take into consideration the fact that

the petitioner is already paying Rs. 5000/- per month to the
respondent in view of an order passed under Section 125 of Cr.P.C.
moved by the respondent.

This Court has perused the impugned order. The learned trial
Court has reproduced the contentions of both the parties, nowhere in
the trial Court’s order is at apparent that such a submission was ever
made by the petitioner herein that he is paying Rs. 5000/- per month
pursuant to an order passed under Section 125 of Cr.P.C. This Court
has also perused the reply filed by the petitioner before the learned
trial Court opposing the application moved by the respondent under
Section 24 of the Hindu Marriage Act. Even in the elaborate reply
filed by the petitioner herein before the learned trial Court opposing

Digitally signed by ARVIND KUMAR
DUBEY
Date: 03/10/2019 11:09:07
2 MP-5023-2019

the prayer, nowhere is at mention that the petitioner is paying Rs.
5000/- per month to the respondent pursuant to an order under
Section 125 of the Cr.P.C..

Under the circumstances, the order passed by the learned trial
Court is an order passed after considering the submissions made by

both the sides and cannot be said to be perverse.

The petition is dismissed.

(ATUL SREEDHARAN)
JUDGE

DUBEY/-

Digitally signed by ARVIND KUMAR
DUBEY
Date: 03/10/2019 11:09:07

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