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SANJAY SINGH versus SANJEEV KANWAR & ANR

High Court of Rajasthan

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SANJAY SINGH v SANJEEV KANWAR & ANR - CRLR Case No. 503 of 2006 [2007] RD-RJ 2008 (16 April 2007)

S.B. CRIMINAL REVISION PETITION NO.503/2006

Date :: 16.04.2007

HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr.Kulwant Singh, for the petitioner.

Mr.Vinit Jain, for the respondent.

Mr.A.K. Upadhyay, P.P.

Heard learned counsel for the petitioner and perused the order of this Court dated 24th August, 2006 whereby Rs.2,500/- monthly maintenance was ordered to be paid.

I have perused the impugned order also.

It is contended by learned counsel for the petitioner that the maintenance allowance awarded by the learned trial court as Rs.3,000/- may be reduced to Rs.2,000/- because maximum maintenance of

Rs.2,500/- per month can be awarded under Section 125 Cr.P.C. but trial court has awarded Rs.3,000/- which is not permissible under the law.

After perusing the order impugned and the fact that as per finding of trial court the income of the petitioner is Rs.12,000/- per month, therefore, I am of the opinion that the respondent is entitled for maintenance of Rs.2,500/- per month. The order passed by the learned trial court is modified to the extent of reducing the amount from Rs.3,000/- to Rs.2,500/-. The other portion of the order is maintained.

With these observations, the petition is disposed of. {GOPAL KRISHAN VYAS}, J.

A.K. Chouhan/-


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