HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision No. 1339/2017
Smt. Nirmala Gome W/o Shri Harivallabh Gome D/o Shri
Ramnath Arya B/c Bairwa , R/o House No. 380-B, R.k. Puram,
Ward No. 07, Kota Raj.
—-Petitioner
Versus
Hariballabh Gome D/o Shri Shivram Gome , R/o Village Khatoli,
Tehsil Itawa, Distt. Kota At Present R/o Executive Engineer,
P.h.e.d. Bundi, Distt. Bundi, Rajasthan
—-Respondent
Connected With
S.B. Criminal Revision No. 1116/2017
Hari Ballabh S/o Shri Shivram Gome , R/o Village Khatoli, Tehsil
Itawa, District Kota, Raj., At Present Executive Engineer, P.h.e.d.
Bundi, District Bundi, Raj.
—-Petitioner
Versus
Smt. Nirmala Gome W/o Shri Hari Ballabh Gome, D/o Shri
Ramnath Arya B/c Bairwa , R/o House No.380-B, R.k. Puram,
Ward No.7, Kota, Raj.
—-Respondent
For Petitioner(s) : Mr. Nawal Singh Sikarwar in CRLR
1339/2017 and Mr. M.K. Jain in
1116/2017
For Respondent(s) : Mr. Nawal Singh Sikarwar in CRLR
1116/2017 and Mr. M.K. Jain in CRLR
1339/2017
HON’BLE MR. JUSTICE PANKAJ BHANDARI
Order
30/07/2018
1. Petitioner Nirmala Gome has preferred the Criminal Revision
Petition No.1339/2017 and petitioner Hari Ballabh Gome has
preferred Criminal Revision Petition No.1116/2017, aggrieved by
(2 of 5) [CRLR-1339/2017]
order dated 03.06.2017 passed by Judge, Family Court No.3, Kota
who has awarded Rs.4,000/- per month to petitioner Nirmala
Gome from the date of filing of the application. Petitioner Nirmala
Gome has preferred revision petition for enhancement of the
maintenance amount and petitioner Hari Ballabh Gome has
preferred the revision petition for setting aside the order of
maintenance.
2. It is contended by counsel for petitioner Nirmala Gome, that
respondent Hari Ballabh Gome is Executive Engineer in PHED and
looking to his salary, the maintenance awarded to the petitioner is
meagre. It is also contended that respondent Hari Ballabh Gome
has many properties and petitioner Nirmala Gome has no source
of income. She is an advocate who is having no briefs and is only
contesting her own case.
3. Counsel for petitioner Hari Ballabh Gome in Criminal Revision
Petition No.1116/2017 has contended that his wife Nirmala Gome
filed a case under Section 498-A and 406 of I.P.C. in which
petitioner Hari Ballabh Gome was acquitted. Petitioner Nirmala
Gome moved a petition under the Domestic Violence Act, wherein
Rs.3,000/- was awarded to her as maintenance. Thereafter, she
moved an application for enhancement of maintenance, on ground
of increase in salary by the implementation of Seventh Pay
Commission. She prayed that interim maintenance be enhanced to
Rs.10,000/-. Court allowed the application and enhanced the
interim maintenance to Rs.10,000/- per month from 10.07.2017.
4. It is also contended by counsel for Hari Ballabh Gome that
since Nirmala Gome is receiving Rs.10,000/- per month as interim
maintenance under the Domestic Violence Act, there was no
(3 of 5) [CRLR-1339/2017]
justification in awarding additional Rs.4,000/-. It is also contended
that a divorce petition was filed by Hari Ballabh Gome on the
ground of cruelty which stands allowed and a divorce decree is
passed in favour of Hari Ballabh Gome by the Family Court on
30.03.2018. The limb of argument is that it is Nirmala Gome who
is harassing Hari Ballabh Gome, the passing of decree of divorce
on the ground of cruelty establishes the said fact. It is also
contended that Hari Ballabh Gome is to look-after her mother and
has to pay the loan and he is under suspension.
5. It is also contended that Nirmala Gome is an advocate who is
also running a beauty parlour. The Court has wrongly rejected the
plea of Hari Ballabh Gome on the ground that an advocate cannot
indulge in other business. It is also argued by counsel for the
petitioner Hari Ballabh Gome that there was no justification of
Court to award maintenance from the date of filing of the
application, reliance in this regard is placed on “Madan Lal Vs.
Smt. Pushpa Devi, 2018 (1) WLC (Raj.) UC Page 666.”
6. It is contended by counsel for the petitioner Nirmala Gome
that there is a loan on the house in which Nirmala Gome is
residing and Hari Ballabh Gome has not repaid the loan and
Nirmala Gome had to arrange funds from her relatives to repay
the loan.
7. I have considered the contentions.
8. Admittedly, petitioner is residing in the house belonging to
Hari Ballabh Gome and her application for enhancement of interim
maintenance in the domestic violence case stands allowed by the
Court below and interim maintenance under the Domestic Violence
(4 of 5) [CRLR-1339/2017]
Act has been increased from Rs.3,000/- to Rs.10,000/- per
month.
9. While passing the order dated 10.07.2017, Court has
mentioned that amount of Rs.10,000/- under the Domestic
Violence Act will be in addition to the maintenance given under
Section 125 of Cr.P.C. by the Family Court. Hari Ballabh Gome was
suspended as he has remained in custody and he is now receiving
Rs.54,000/- per month after deduction of State insurance, GPF
and income tax. In addition he has to pay installment of
Rs.16,000/- per month and the net amount which he is receiving
is Rs. 38,000/- per month.
10. Taking into consideration the entire facts and circumstances
of the case, the amount of Rs.4,000/- awarded by the Family
Court as maintenance does not appear to be excessive or meagre.
11. However, the contentions of counsel for Smt. Nirmala Gome
that she is under threat of being dispossessed from the house in
which she is residing, suffice to say that if such situation occurs,
Nirmala Gome would be free to apply before the Domestic
Violence Court as the application for Domestic Violence Act is still
pending. In totality the order passed by the Court below with
regard to enhancing Rs.4,000/-, is upheld, however, grant of
maintenance from the back date deserves to be set-aside as there
is no justification for the same in view of the fact that the dispute
between parties with regard to 498-A and 406 of I.P.C. stands
decided in favour of husband Hari Ballabh Gome and his
application for divorce on the ground of cruelty also stands
decided in his favour.
(5 of 5) [CRLR-1339/2017]
12. Accordingly, revision petition filed by the Nirmala Gome is
dismissed and that filed by Hari Ballabh Gome is partly allowed.
The amount of maintenance of Rs.4,000/- per month would be
payable from the date of the order of the Court below.
13. A copy of this order be placed in the connected file.
(PANKAJ BHANDARI),J
Amit/28-29
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