Uttarakhand High Court
Paramjit Singh Sagar vs State Of Uttarakhand & Others on 25 January, 2021
(Reserved judgment)
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No.125 of 2018
Paramjit Singh Sagar ........Revisionist
Versus
State of Uttarakhand & others ........Respondents
Present: Mr. V.K. Kohli, Senior Advocate assisted by Mr. Kanti Ram Sharma,
Advocate for the applicant.
Mr. Subhash Tyagi Bhardwaj, Dy. A.G. with Ms. Shivangi Gangwar, Brief
Holder for the State.
Mr. Rakesh Thapliyal, Senior Advocate, assisted by Mr. Lalit Sharma,
Advocate, for the private respondent.
Hon'ble Lok Pal Singh, J.
The present criminal revision has been filed by
the revisionist/husband against the judgment and order
dated 23.03.2018, passed by the learned Judicial
Magistrate 1st Dehradun in Complaint Case No.1141 of
2017 "Smt. Neetu Vs. Paramjeet", whereby the learned
court below under Section 23(2) of the Protection of
Women from Domestic Violence Act, 2005 has directed the
husband/revisionist to pay an interim maintenance of
Rs.15,000/- (Rupees Fifteen Thousand Only) to the wife/
respondent No.2. Against the order dated 23.03.2018, the
revisionist/husband filed an appeal before the 1st
Additional Sessions Judge, Dehradun in Criminal Appeal
No.53 of 2018, which too has been dismissed vide order
dated 27.04.2018 and the order dated 23.03.2018 passed
by the trial court was affirmed. Hence, the present
criminal revision before this Court.
2. The marriage of revisionist/husband and
respondent no.2 - Mrs. Neetu Kainth was solemnized in
the year 2004. The respondent no.2 filed the case against
the husband/revisionist under Section 23(2) of the
Protection of Women from Domestic Violence Act, 2005
after a period of 13 years. Thereafter, the learned
Magistrate vide order dated 23.03.2018 has directed the
husband/revisionist to pay an interim maintenance of
Rs.15,000/- (Rupees Fifteen Thousand Only) to the wife/
respondent No.2.
3. It appears that the impugned order dated
23.03.2018 has been obtained by respondent no.2/wife,
on the premise that the Judge, Family Court, Dehradun
had directed respondent no.2/wife to produce the son,
namely, Parneet Singh Sagar, so that the parties may be
permitted to meet the son. Insofar as, the directions of the
court below that the revisionist/husband shall not commit
any domestic violence upon the respondent No.2/wife is
concerned it is apparent on record that respondent
no.2/wife is not residing with the revisionist. Insofar as,
the directions of handing over the passports of the
complainant/respondent no.2 and her son is concerned,
the same could not be passed ex-parte, without affording
the opportunity to the opposite side so that it can be
ascertain that whether passport of respondent no.2 and
her son is with the revisionist/husband and despite her
demand, the same has not been given to her.
4. It has also come on record that in the connected
matters the respondent No.2/wife and her son are getting
Rs.18,000/- (Rupees Eighteen Thousand Only) as interim
maintenance in view of the order dated 06.04.2019.
5. There was no occasion for the learned
Magistrate to direct the revisionist/husband to pay
Rs.15,000/- (Rupees Fifteen Thousand Only) per month as
maintenance to the respondent no.2/wife.
6. Since, respondent no.2/wife and her son are
getting the interim maintenance in the proceedings under
Section 125 of CrPC, there is no provisions of granting
maintenance to the respondent no.2/wife under Section
23(2) of the Protection of Women from Domestic Violence
Act, 2005.
7. Considering the facts and circumstances of the
case, an interference is being called for by this Court in
the matter.
8. Consequently, the criminal revision is partly
allowed. The impugned orders dated 23.03.2018 and
27.04.2018 are hereby quashed and set aside. The matter
is remanded back to the learned Judicial Magistrate 1st,
Dehradun to decide the application under Section 23(2) of
the Protection of Women from Domestic Violence Act,
2005, after giving an opportunity of hearing to the
revisionist/husband.
(Lok Pal Singh, J.)
25.01.2021
Nitesh/
