Amil Kumar Jain vs. Smt. Pratiksha Jain
Facts
The applicant, Amil Kumar Jain, is challenging an order dated August 6, 2022, passed by the Family Court, Raipur, granting interim maintenance of Rs. 15,000/- per month to the respondent, Smt. Pratiksha Jain. The applicant contends that the respondent left the matrimonial home without cause, is a qualified engineer and gym trainer earning Rs. 1,00,000/- per month, and that the applicant himself surrendered his GST registration on October 6, 2021, rendering his business non-operational. The applicant claims he is unable to pay the maintenance. The Family Court, however, noted that the applicant had filed a GST return dated August 20, 2021, and a "Find Gst" copy, indicating he was a businessman, and thus granted interim maintenance.
Held
The High Court held that the Family Court did not commit any infirmity in determining the interim maintenance amount of Rs. 15,000/- per month. The Court found that the amount was determined in accordance with the statements made by the parties and could not be termed perverse or grossly unjust. The Court noted that while the applicant claimed to have surrendered his GST registration, the Family Court had considered a GST return dated August 20, 2021, and a "Find Gst" copy, leading to the conclusion that the applicant was a businessman. The High Court found no reason to interfere with the Family Court's order at the admission stage of the criminal revision. The Court directed the Family Court to decide the main petition under Section 125 Cr.P.C. expeditiously, preferably within four months, and cautioned that any delay attributable to the respondent would lead to a re-consideration of the interim maintenance order.
Key Issues
1. Whether the Family Court erred in granting interim maintenance of Rs. 15,000/- per month to the respondent, considering the applicant's alleged inability to pay due to surrender of GST registration and the respondent's earning capacity, under Section 125 Cr.P.C.? Petitioner's Arguments: The applicant argued that the respondent left the matrimonial home voluntarily without justification. He asserted that the respondent is a qualified engineer and gym trainer earning Rs. 1,00,000/- per month. Furthermore, the applicant claimed his GST registration was surrendered on October 6, 2021, and his business is not currently operational, making him unable to afford the maintenance amount. The applicant sought to challenge the Family Court's order on these grounds. Respondent's Arguments: The respondent's counsel supported the impugned order passed by the Family Court.
Sections Cited
Section 125 Cr.P.C.
AI-generated summary — verify with the full judgment below
1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 1033 of 2022 Amil Kumar Jain, S/o Shri Sunil Kumar Jain, aged about 29 years, R/o Gali No.1, L-1, in front of Taiyabba Masjid, Pushpkunj, Bhartiya Nagar, Bilaspur, District Bilaspur (C.G.) ---- Applicant Versus Smt. Pratiksha Jain, W/o Shri Amil Kumar Jain through Smt. Pratibha Jain, aged about 24 years, R/o I-106, Golden Sky Apartment, V.I.P. Road, Raipur, District Raipur (C.G.). ---- Respondent For Applicant : Mr. Prafull N. Bharat, Sr. Advocate with Mr. Keshav Dewangan, Advocate. For Respondent : Mr. Sudeep Johri, Advocate. Hon'ble Smt. Justice Rajani Dubey Order On Board 10 /05/2023
Heard on admission.
The applicant is aggrieved by the order dated 06.08.2022 granting interim maintenance by the Court of Learned II Additional Principal Judge, Family Court, Raipur (C.G.). An amount of Rs.15,000/- per month has been granted as interim maintenance pursuant to the proceedings initiated by the respondent under Section 125 Cr.P.C in Case No.698/2021, which the applicant finds it to be bad in law giving the fact that the respondent has left the matrimonial house of her own without there being any justif
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