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Shiv Kumar S/O Shri Parbhati Lal Vs. Smt. Sushila W/O Shiv Kumar Saini and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Cr. Rev. Petition No. 94 of 1985
Judge
Reported in1985WLN(UC)605
AppellantShiv Kumar S/O Shri Parbhati Lal
RespondentSmt. Sushila W/O Shiv Kumar Saini and ors.
Excerpt:
.....love and affection--wife and children entitled to come out and live separately if quarrel and husband to pay maintenance as directed by district and sessions court;the husband petitioner undertakes that he will maintain all the children and his wife in a good way and shall give them love and affection as is required from the father/husband.;in case there is any quarrel or misunderstanding, sushila devi her children will have a right to come out of the house of the husband and will have a right to live separately in accordance with their wishes.;the husband shall be liable to pay the amount of maintenance as directed by the learned district and sessions judge in future.;order accordingly. - - 4. the husband petitioner undertakes that he will maintain all the children and his wife in a..........to the wife quarterly;(3) that the amount shall be deposited in the name of non-petitioner smt. sushila devi in the following manner:(a) that an amount of rs. 4500/- shall be deposited in the name of smt. sushila devi herself and she will be entitled to get the interest;(b) that the remaining amount of the arrears shall be deposited in the name of deepak, manoj and tina and she shall be the guardian for the purpose of deposit of the minors and she will get the interest as a guardian of the minorsboth the f.d. receipts shall be delivered to sushila devi.3. mr. dhanker learned counsel for the non-petitioners undertakes that non-petitioner sushila devi and three minor children will go at the residence of husband petitioner.4. the husband petitioner undertakes that he will maintain all.....
Judgment:

Dinkar Lal Mehta, J.

1. This case is having a chequred history of the litigation between husband and wife. Earlier divorce petition has been filed and when interim maintenance was granted by the Court, the divorce petition was withdrawn.

2. Subsequently the wife filed an application under Section 125 Cr. PC. Taking a long time the application has been decided by the learned District and Sessions Judge on 13-2-1985. Learned Sessions Judge granted Rs. 125/-p.m. for the maintainance of wife and 200/- p.m. for the maintenance of remaining three children. Thus the total amount of Rs. 325/-p.m. was granted on account of maintenance. Persuasive method prevailed in the Court today and both the parties have come to the compromise on the following terms and conditions:

(1) That the petitioner shall pay the total arrears of the maintenance accrued upto this date to the non-petitioner within a period of two months;

(2) That the amount shall be deposited in the Bank in a Fixed Deposit and the in erest shall be made available to the wife quarterly;

(3) That the amount shall be deposited in the name of non-petitioner Smt. Sushila Devi in the following manner:

(a) that an amount of Rs. 4500/- shall be deposited in the name of Smt. Sushila Devi herself and she will be entitled to get the interest;

(b) that the remaining amount of the arrears shall be deposited in the name of Deepak, Manoj and Tina and she shall be the guardian for the purpose of deposit of the minors and she will get the interest as a guardian of the minors

Both the F.D. receipts shall be delivered to Sushila Devi.

3. Mr. Dhanker learned counsel for the non-petitioners undertakes that non-petitioner Sushila Devi and three minor children will go at the residence of husband petitioner.

4. The husband petitioner undertakes that he will maintain all the children and his wife in a good way and shall give them love and affection as is required from the father/husband.

5. In case there is any quarrel or misunderstanding, Sushila Devi and her children will have a right to come out of the house of the husband and will have a right to live separately in accordance with their wishes.

6. In case the husband does not maintain properly and if she comes out of the house of the husband then the husband shall be liable to pay the amount of maintenance as directed by the learned District and Sessions Judge in future.

7. The revision petition is disposed off in accordance with the understanding arrived at between the parties.

8. Both parties also agree that Sushila Devi will go at the residence of the husband petitioner after the amount of arrears is deposited within a period of two months.

9. In case the petitioner fails to deposit the amount within a period of two months, this revision petition shall be deemed to have been dismissed.

10. Incase the amount of arrears is deposited and non-petitioner even does not go at her husband's house, then the non-petitioner will lose the claim for future maintenance.


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