Rachna @ Ranjana vs. Prateek Vijayvargiya

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 1136 OF 2017 [@Special Leave Petition (Crl.) NO. 3974 OF 2017]

RACHNA @ RANJANA & ANR. APPELLANT (S)

VERSUS

PRATEEK VIJAYVARGIYA & ANR. RESPONDENT(S)

O R D E R

Leave granted.

Heard the learned counsel for the parties.

We find that in the instant case, the Trial court has fixed an amount of Rs. 10,000/- per month to the wife and daughter towards maintenance, whereas the appellate court has fixed an amount of Rs. 15,000/- for wife and Rs. 5,000/- for daughter. At present, daughter is obtaining primary education.

The High Court has ordered payment of Rs. 10,000/- in lump sum with arrears to be paid w.e.f. the date of application.

After hearing the learned counsel for the parties, the respondent is doing business and his income was found to be approximately Rs.6,00,000/- (Rupees Six Lakh only) per annum by the Trial Court. It would be in the interest of justice, if a sum of Rs. 10,000/- (Rupees Ten Thousand only) to wife as monthly maintenance and Rs. 5,000/- (Rupees Five Thousand Digitally signed by BALA PARVATHI Date: 2017.10.06 14:52:58 IST Reason: Signature Not Verified

only) to daughter, be paid. The arrears to be paid from the date of application and to be paid within a period of two months from today and he shall continue to pay the amount during the pendency of the proceedings before the Trial Court.

The appeal is, accordingly, partly allowed to the aforesaid extent.

....................J (ARUN MISHRA)

....................J (AMITAVA ROY)

NEW DELHI; JULY 10, 2017

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).3974/2017

(Arising out of impugned final judgment and order dated 15-03-2017 in CRLR No. 1542/2016 passed by the High Court Of M.P at Indore)

RACHNA @ RANJANA & ANR. Petitioner(s)

VERSUS

PRATEEK VIJAYVARGIYA & ANR. Respondent(s)

Date : 10-07-2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROY

For Petitioner(s) Mr. Nachiketa Joshi, AOR Ms. Sucheta Joshi, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

The appeal is partly allowed in terms of the signed

order.

(B.PARVATHI) (TAPAN KUMAR CHAKRABORTY) COURT MASTER (SH) BRANCH OFFICER

(Signed order is placed on the file)