Dr. Satyam Patel v. Dr. Dipti Choudhary Patel

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 745 of 2019 • Dr. Satyam Patel S/o Dr. Narsingh Patel Aged About 35 Years R/o Block No. B.Flat No. 106, Govt. Medical College Colony, Raigarh, District Chhattisgarh. Permanent R/o Hospital Road Kharsia District Raigarh Chhattisgarh.

---- Applicant

Versus

• Dr. Dipti Choudhary Patel W/o Dr. Satyam Patel Aged About 30 Years D/o K.R. Choudhary, R/o Shri D.R. Choudhary Near Radhakrishna Mandir, Danganiya, Raipur, District Raipur Chhattisgarh ---- Respondent For Applicant : Ms. Sharmila Singhai, Advocate For Non-applicant : Shri A.K.Prasad, Advocate Hon'ble Smt. Justice Rajani Dubey Order On Board 07/08/19 Heard on admission.

2.

The present revision is filed against the impugned order dated 01.05.2019 passed by the First Additional Principal Judge, Family Court Raipur in MJC No. 706/2018 whereby the court below has allowed the interim maintenance application filed by the non-applicant and awarded a sum of Rs. 15,000/- as maintenance. 3.

Counsel for the applicant submits that the maintenance amount awarded to the non-applicant is on the higher side and without giving opportunity of hearing to the applicant, the order has been passed. He submits that the non-applicant is willfully living separately from her

husband/applicant.

4.

On the other hand, counsel appearing for the non-applicant opposes the submission of the applicant and supports the order passed by the Family Court, Raipur.

4.

Upon due consideration, it is directed that the trial court shall decide the main petition under Section 125 Cr.P.C. on cooperation by the parties, at the earliest preferably within a period of three months, from the next date of hearing.

It is made clear that if any delay occurs on behalf of the nonapplicants, then the trial court shall reconsider the application for interim maintenance. Revision is accordingly dismissed with the aforesaid direction.

Sd/- (Rajani Dubey) Judge suguna