Daily Archives: March 25, 2015

IF paying DV maintenance, seek variation of S 125 maintenance

Husband paying maintenance under DV also ordered to pay maintenance under Sec 125 CrPc by Hon Family court. Hon. HC says, see revision of 125 maint under sec 127

* Husband ordered to pay Rs. 2000 under DV

* Later Husband ALSO ordered to pay rs. 2000 under Sec 125 CrPc by Hon family court

* Husband appeals DV order to High court

* The Hon. HC states "…..Since the order of maintenance passed in Domestic Violence case is earlier in time, in these circumstances applicant may raise this point before the Family Court by filing an application under Section 127 of Cr.P.C. for variation or alteration of maintenance amount. ….."

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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE

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Madhya Pradesh High Court

CRR-1524-2014

MOHD. SHAHID Vs SMT. REHANA BEE

17-03-2015

Shri Deepak Singh, counsel for the applicant.

Shri Raghvendra Kumar, counsel for the respondent.

Heard.

This revision petition is directed against the impugned order dated 27.6.2014 passed by the XI Additional Sessions Judge, Bhopal in Criminal Appeal No. 1023/2013 whereby the interim order dated 27.9.2013 passed by Judicial Magistrate First Class, Bhopal in Case No. 854/2012, has been affirmed.

It is not in dispute that applicant is husband of respondent Rehana Bee. Respondent had filed an application under Section 23 of Protection of Women from Domestic Violence Act, 2005 against the applicant and prays for grant of interim maintenance. Trial Court (Judicial Magistrate First Class), Bhopal, after hearing the parties passed the impugned order and directed the applicant to pay interim maintenance a sum of Rs. 2,000/- per month to the respondent. Being aggrieved thereby, applicant has filed the appeal before the Sessions Court which has been dismissed vide order dated 27.6.2014. Hence this revision. http://evinayak.tumblr.com https://vinayak.wordpress.com http://fromvinayak.blogspot.com

Learned counsel for the applicant submitted that Courts below have committed illegality in passing the impugned orders. It is further submitted that an application under Section 125 of Cr.P.C. has already been decided by the Family Court, Bhopal wherein order for paying a sum of Rs. 2,000/- as maintenance has been passed by the Family Court on 7.2.2013.

It is further submitted that the respondent had suppressed the fact before the Family Court that the order for maintenance of Rs. 2,000/- has already been passed in her favour in the case of Domestic Violence, therefore prays for setting aside the impugned order passed by the Courts below.

Learned counsel appearing on behalf of the respondent has opposed the application.

I have perused the impugned order along with the first order dated 3.1.2013 passed by the Judicial Magistrate First Class, Bhopal and the order dated 7.2.2013 passed by the Family Court, Bhopal.

It reveals on perusal of order dated 3.1.2013 passed by Judicial Magistrate First Class that this order passed earlier in time to the order passed by the Family Court on 7.2.2013. It is true that Court can take the note of order of maintenance passed in another proceeding.

Since the order of maintenance passed in Domestic Violence case is earlier in time, in these circumstances applicant may raise this point before the Family Court by filing an application under Section 127 of Cr.P.C. for variation or alteration of maintenance amount. Therefore, there is no ground to interfere in the order passed by the Courts below under Section 23 of Protection of Women from Domestic Violence Act, 2005. http://evinayak.tumblr.com https://vinayak.wordpress.com http://fromvinayak.blogspot.com

The petition is dismissed with the aforesaid observation.

C.C. as per rules.

(G.S. SOLANKI) JUDGE

PDf file uploaded to http://1drv.ms/1ES6Fjz

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Male benefits !! Saudi women express reluctance to marry men in blue-collar jobs

Arab News

Saudi women express reluctance to marry men in blue-collar jobs

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Some Saudi women look down at the idea of marrying a man practicing trades such as mechanic or electrician, but others believe that anyone earning money in an honorable work is good enough.

A photographer, Mansurah, claims that while she does not object to the idea of marrying a man practicing some trade aside of his primary job, she states she wouldn’t want her husband’s main profession to be that of a blue-collar one. The reason is mainly financial, she states, since she fears that such men would not be able to provide her with a comfortable lifestyle. She also wants her groom to be a university graduate like her.

Medical student Nadiah Jowhar has no objection in making a man with a blue-collar job her life’s partner provided he is making a decent earning. However, she added he hopes his projects may grow as time passes on and he will be able to provide for the family.

Photographer Abeer Bajanduh said some women are not keen on marrying men who work on certain trades because of material considerations and because of the poor social status associated with such jobs.

Painter Taghrid Wazna is not willing to marry an electrician or plumber because these days material needs are expensive.

“I would consider marrying a interior decorator or dress designer because he will be working for a company unlike an electrician or trader who will be on his own,” she said.

According to Wazna it is not the trade that matters but the money a man earns. Ghadah Shatibi, who works in Public Relations, said she did not mind marrying a mechanical engineer if he can set up a home for her and raise a family.

Wafa Mokhtar concurred with her, arguing that any man with an honest job and a decent income is good enough for a husband. She preferred a man with a freelance job, rather than an office employee because she believes that such a man can reach the top if he likes his job.

She added that one of her friends refused to marry a man working in a restaurant with a good pay and who had a promising future in his job, out of fear of what others would say.

source :Arab news online

source : http://www.arabnews.com/saudi-arabia/ news / 722 21

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist