High CourtsSingle Bench(2022) 11 MP CK 0087

Kundan vs Shivani

Madhya Pradesh High Court · Decided on 23 November 2022

HON’BLE JUDGES
Rajendra Kumar (Verma), J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 4446 Of 2022

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Judgment

6 paragraphs · 182 words

Rajendra Kumar (Verma), J

Applicant has preferred this revision petition under Section 19(4) of the Family Court Act r/w Section 397 & 401 of Cr.P.C against the order dated 15.11.2022 passed by Principal Judge, Family Court, Dhar in MJCR No.71/2022.

After arguing for some time, learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to raise the objections/points, raised in this petition, before the Family Court/trial Court at the time of consideration of application for interim maintenance.

Prayer is allowed.

Accordingly, Cr.R. No.4446/2022 is dismissed as withdrawn, however, it is directed that if the questions/objections, raised in this petition, are raised before the Family Court/trial Court at the time of deciding the application for interim maintenance and in pursuance to judgment passed by Hon'ble Supreme Court in the case of Rajnesh vs. Neha and Anr. reported as (2021)2 SCC 324, if respondent/wife has not filed an affidavit for disclosure of assets and liabilities, then the trial Court is at liberty to consider and decide the application in accordance with law.

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