BEFORE THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT, BHOPAL
MJCR 555/2021
IN MATTER OF:
NEETA MISHRA .....Petitioner
V E R S U S
SANTOSH MISHRA .....Respondent
APPLICATION FOR REVISION OF INTERIM MAINTENANCE UNDER SECTION 127 CRPC
The Respondent Respectfully Sheweth:
That, the Respondent is filing this application for revision of interim maintenance under section 127(2) of CrPC in the lights of the landmark precedent established by the Apex Court in the judgement of Rajnesh vs Neha & Anr, decided on November 04, 2020.
That, this Hon’ble Court benevolently granted the interim maintenance in favour of the petitioner for monthly maintenance of Rs. ................ dated .........
That, the Supreme Court in aforementioned judgement categorically stated;
“(iv) The party claiming maintenance either as a spouse, or as a partner in a civil union, live-in relationship, common law marriage, should be required to file a concise application for interim maintenance with limited pleadings, alongwith an Affidavit of Disclosure of Assets and Liabilities before the concerned court, as a mandatory requirement.”
However, the petitioner miserably failed to abide by this essential requirement at time of filing of the suit but continued to abstain from fulfilling this requirement even at the time of hearing on interim maintenance. On the contrary, the Respondent is abiding by all tenets of the Family Court Proceedings by timely filing the Affidavit of Assets and Liabilities on .............That, the respondent felt aggrieved the by decision of this Hon’ble Court to protect the rights of Respondent, when the court granted the interim maintenance to the petitioner despite petitioner’s negligence to comply with mandatory requirements of the law.
That, Rajnesh vs Neha is a settled principle of law regarding the granting of interim maintenance after the filing of the assets and liabilities affidavit by the parties to the suit. However, the Petitioner wilfully abstained from filing the said affidavit at the time of granting of interim maintenance by this Hon’ble Court.
That, the section 127(2) CrPC give this Hon’ble Court the power of review of its decision under section 125 of CrPC. Thus, the Respondent is filing this application for review of the order of interim maintenance dated ................. to protect his right as granted by the law and reiterated by Hon’ble Supreme Court through judgement in Rajnesh vs Neha.
P R A Y E R
In due consideration of facts stated, averments made and precedents cited in the application, it is graciously prayed to this Hon’ble Court in the interest of justice, may grant the following relief(s):
Review the order of interim maintenance passed on .................. in consideration of law established by the Hon’ble Supreme Court in Rajnesh vs Neha & Anr, decided on November 04, 2020;
May pass any other relief as this Hon’ble Court deem fit in the interest of justice in favour of the Respondent.
Bhopal
Date: .....08.2022
Respondent
Counsel for the Respondent
Adv...............
BEFORE THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT, BHOPAL
MJCR 555/2021
IN MATTER OF:
NEETA MISHRA .....Petitioner
V E R S U S
SANTOSH MISHRA .....Respondent
A F F I D A V I T
I, Santosh Mishra, S/o. Rajbali Mishra, R/o. 276, Jawahar Nagar, Manewada Road, Nagpur, Maharashtra - 440024, do hereby solemnly affirm and declare as under:
That I am the Respondent in the instant case, and as such I am well conversant with the facts and circumstances of the present case, I am competent to swear the present affidavit.
That the accompanying review application under section 127 CrPC has been drafted by my counsel on my instructions and the content of the same may be read as part and parcel of the present affidavit as the same are not being repeated herein for the sake of brevity.
DEPONENT
V E R F I C A T I O N
Verified at Nagpur on this ____ day of ________, 2022 that the Content of the above affidavit are correct to my knowledge and belief. No part of it false and nothing material has been concealed there from.
DEPONENT
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