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Application For Recalling

This document is an application filed in Family Court by Nitin Raut seeking to recall an earlier order granting interim monthly maintenance of Rs. 7,000 to his wife Sujata Raut and son. Nitin argues that the court's income estimate of over Rs. 40,000 per month was inaccurate based on his salary slip showing only Rs. 38,159. Further, Nitin claims he has lost his job as Assistant Professor and has no current income, making the maintenance amount unreasonable. He asks the court to reconsider the earlier order in light of his changed financial circumstances.

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237 views6 pages

Application For Recalling

This document is an application filed in Family Court by Nitin Raut seeking to recall an earlier order granting interim monthly maintenance of Rs. 7,000 to his wife Sujata Raut and son. Nitin argues that the court's income estimate of over Rs. 40,000 per month was inaccurate based on his salary slip showing only Rs. 38,159. Further, Nitin claims he has lost his job as Assistant Professor and has no current income, making the maintenance amount unreasonable. He asks the court to reconsider the earlier order in light of his changed financial circumstances.

Uploaded by

rahulkishnani33
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 6

BEFORE THE HON’BLE FAMILY COURT NO: II, NAGPUR.

PETITION No. E/218/2016

SUJATA RAUT …V/S… NITIN RAUT

APPLICATION UNDER SECTION 127 OF CODE OF


CRIMINAL PROCEDURE, FOR RECALLING OF ORDER
DATED 18/03/2017 PASSED BELOW EXHIBIT-6 IN
PECULAIR FACTS AND CIRCUMSTANCES OF THE CASE.

The Non-applicant named above most humbly submits as


under:

1. That the present proceeding is filed under Section 125


of the Code of Criminal Procedure for grant of maintenance
for the Applicant No. 1, who is legally wedded wife of the Non-
applicant and along with Applicant No. 2 who is son of the
Non-applicant herein. It is submitted that, in the present
proceeding, this Hon’ble Court by its order dated 18/03/2017
passed below Exhibit-6 was pleased to allow the application
of the applicants for grant of interim maintenance during the
proceeding of the present proceeding, thereby granting
interim maintenance to the tune of Rs. 7,000/- per month for
the Applicant No. 1 and further interim maintenance of Rs.
3,000/- per month for the Applicant No. 2 herein from the
date of application i.e 12/05/2016.

2. It is further submitted that the Non-applicant in view of


the above order preferred a Criminal Revision Application
bearing Cri. Rev Application No. 60/2017, before the Hon’ble
High Court of Judicature at Bombay, Nagpur Bench, Nagpur,
thereby challenging the impugned order passed by this
Hon’ble Court. It is submitted that the Hon’ble Court by its

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order/Judgment dated 8th March 2018 was pleased to reduce
the total sum of Rs. 10,000/- to Rs. 7000/- for both the
applicants from the date of order i.e.18/03/2017. Thus, the
Non-applicant herein is paying a sum of Rs. 7,000/- (seven
thousand rupees only) from date of order i.e. 18/03/2018.

3. It is submitted that the said order dated 18/03/2017


passed by this Hon’ble Court for grant of interim maintenance
was passed in view of the submissions made by the
Applicants that the Non-applicant herein is working as
Assistant Professor at Guru Nanak Institute of Engineering
and Technology. It is submitted that the for this purpose, the
Hon’ble Court while computing the income of the Non-
applicant on the basis of guess work and considering his
nature of work, the Hon’ble Court calculated the income of
the Non-applicant to be more than Rs. 40,000/- per month. It
is submitted that the said order was passed by this Hon’ble
Court as interim relief to the applicants and to ensure some
payment of the interim maintenance till the pendency of the
proceedings.

4. Moreover, it is submitted that meanwhile the applicant


preferred an application before this Hon’ble Court seeking
directions from this Hon’ble Court against the employer of the
Non-applicant to produce salary certificate of the Non-
applicant before this Hon’ble Court. In this regard the
employer of the Non-applicant was pleased to submit the
Salary statement of the Non-applicant by its letter dated
05/01/2018 marked as Exhibit-44 and is placed on record.

5. It is submitted that from the bare perusal of the said


statement it is clear that Net receivable salary of the Non-

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applicant till the month of June 2017 was Rs. 38,159/- per
month which is less than the amount of Rs. 40,000/- arrived
at by the guess work of this Hon’ble Court, for the purpose of
calculating the interim maintenance of the applicants.

6. Be that as it may, it is submitted that and is also a


matter of record that the Non-applicant was working as
Assistant Professor in Guru Nanak Institute of Engineering
and Technology, Nagpur. However, recently, when the Non-
applicant requested the management of the institution for
grant of leave for the purpose of completing his ‘course work’
required in pursuance of his research studies (Ph.D) for a
period of 6 months, the management of the said institution
arbitrarily terminated the services of the Non-applicant from
the college and issued him relieving letter from his service
vide communication dated 30/06/2018.

7. It is submitted that name of the Non-applicant has been


deleted from musters of college and thus, he is no longer into
any employment. It is submitted that Non-applicant has also
not received his provident fund nor has received other
benefits from his service. It is submitted that, the Non-
applicant is taking necessary course of legal action for
arbitrary termination of his services, however, in the given set
of circumstances, the Non-applicant has been left jobless and
has been suddenly relived from his services without any
reason and thus he is left with no source of income to earn is
bread and butter and thus the Non-applicant is compelled to
live a helpless life struggling to find a suitable employment for
him.

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8. It is further submitted that in these circumstances,
where the Non-applicant himself does not have any source of
income at the same time has to look after his old aged mother
who is also completely dependent upon him, the Non-
applicant is compelled to file the present application seeking
modification of the order dated 18/03/2017 (as modified by
Hon’ble High Court of Judicature at Nagpur in
Cri.Rev.Application No. 60/2017) passed by this Hon’ble
Court.

9. It is submitted that in view of the above submissions,


the maintenance amount of Rs. 7,000/- per month for the
Applicants will be exorbitant and cannot be considered as
just and reasonable considering the fact that Non-applicant is
now jobless and does not have any source of income. It is
submitted that the manner in which Non-applicant has been
removed from his employment has already landed him with
severe financial crisis and hence it will be unjust to add extra
burden of maintenance on the Non-applicant of the
applicants specially when she herself is working and very well
capable to earn for herself.

10. It is submitted that during the course of employment,


the Non-applicant was earning and hence paid the interim
maintenance from time to time. It is submitted that, the Non-
applicant now being unemployed cannot be reasonably
expected to pay the current amount of Rs. 7,000/- per month
wherein he himself is struggling to earn and fulfil his bare
minimum needs. It is in these circumstances, the Non-
applicant is filing this present application seeking to recall the
order dated 18/03/2017 (as modified) of this Hon’ble Court
for grant of maintenance of Rs. 7,000/- per month to the
applicants.

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Hence this Application.

PRAYER: It is therefore humbly


prayed that this Hon’ble court to:

A) be pleased to recall the order


dated 18/03/2017 (as modified)
passed below EXHIBIT-6 in the
present proceeding for grant of interim
maintenance of Rs. 7,000/- in peculiar
facts and circumstances of the case.

B) Be further pleased to grant any


other relief/or pass order in favor of
Non-applicant as this Hon’ble Court
may deem fit to meet the ends of
justice.

PLACE:_____________

DATE:_______________ NON-APPLICANT

SOLEMN AFFIRMATION

I, Nitin Raut, aged about 36 Years, R/O Nagpur the Non-


applicant herein, do hereby take an oath and state on solemn
affirmation as under:

Page 5 of 6
1. That, the instant application has been drafted by my
counsel as per my instructions and the same is read over and
explained to me.

2. That, the contents of the above Paras 1 to 10 are true


and correct to my personal knowledge and belief.

Hence verified and signed on this ________ day of August


2018 at ____________.

DEPONENT

I know the deponent.

Advocate.

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