CRLR/373/2021
2021 Latest Caselaw 4913 UK

Citation : 2021 Latest Caselaw 4913 UK
Judgement Date : 3 December, 2021

Uttarakhand High Court

CRLR/373/2021 on 3 December, 2021

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
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              with Signatures
                                  CRLR No.373 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Girish Chandra Lakhchaura, learned counsel for the revisionist.

Mr. Amit Bhatt, learned DAG for the State. This revision is preferred against the judgment and order dated 18.10.2021 passed by the Judge, Family Court Kashipur, District Udham Singh Nagar in Misc. Criminal Case No.33 of 2016, Smt. Itisha Chaudhary and another vs. Mayank Chaudhary.

Admit.

Heard on Stay Application (IA/1/2021). It is submitted by learned counsel for the revisionist that earlier the respondent no.2 filed an application before the Judicial Magistrate, Kashipur under Section 12 of the Domestic Violence Act, which was registered as Criminal Misc. Case No. 03 of 2016 Smt. Itisha Chaudhary vs. Shri Mayank Chaudhary and others; the concerned Court awarded maintenance at the rate of Rs.6,000/- per month to the respondent vide judgment dated 25.09.2021; the revisionist was paying maintenance regularly upto September, 2021; aggrieved by the said order, the revisionist has already preferred an appeal before the Court of the Sessions Judge, who has granted relief in favour of the revisionist; since the revisionist was paying maintenance regularly under the Domestic Violence Act, accordingly, there was no occasion for the concerned Family Judge to grant maintenance u/s 125 Cr.P.C. against the revisionist from the date of the application.

The judgment and order dated 25.09.2021 passed by Judicial Magistrate, Kashipur, U.S. Nagar u/s 12 of the Domestic Violence Act is on record.

Issue notice to the private respondents. Steps to be taken within seven days. List the matter on 13.01.2022.

In the meantime, the revisionist will continue paying a sum of Rs.4,500/- per month (four thousand five hundred only) to the respondents from the date of the impugned order dated 18.10.2021 passed by the Court below.

Stay application (IA 1/21) stands disposed of.

(R.C. Khulbe, J.) 03.12.2021 R.Bisht