Conditional Stay by the Higher Court

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Kishore Chugh v State of Rajasthan, 2013 (2) Crimes 252

The wife filed an application u/s 12 of the DV Act against her husband seeking various reliefs. The magistrate directed the husband to pay an amount of Rs.5,000/- p.m. as maintenance, through an ex parte order. Thereafter the wife filed an appeal for enhancement and the husband filed an appeal for setting aside the order in the sessions court where the maintenance amount was increased to  Rs.10,000/- p.m.  Being dissatisfied, both parties filed a revision in the High Court. 

The Rajasthan High Court set aside the orders in favour of the wife at this stage with the condition that an amount Rs.50,000 will be deposited by the husband before the magistrate as a security  It was further ordered that during the period in which the matter remains pending before the magistrate, the husband will deposit Rs.5,000 p.m. towards maintenance of the wife.