Mohit Chawla vs State Of Uttarakhand And Another
2021 Latest Caselaw 813 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

          Criminal Misc. Application No. 1679 of 2019

Mohit Chawla                                   ...Applicant

                              Vs.

State of Uttarakhand and another              ...Respondents



Mr. Navneet Kaushik, learned counsel for the applicant.
Mr. Pankaj Joshi, learned Brief Holder for the State of
Uttarakhand.

                                      Dated: 10th March, 2021

Hon'ble N.S. Dhanik, J.

This criminal misc. application has been preferred by the applicant challenging the order dated 11.08.2017 passed by the Judge, Family Court, Haridwar in Case No. 208 of 2016 for the offence punishable under Section 125 Cr.P.C. registered at PS Kotwali Jawlapur, District Haridwar, whereby a total interim maintenance of Rs. 8,000/- per month has been awarded in favour of respondent no. 2 herein.

2. Heard learned counsel for the parties.

3. Learned counsel for the applicant limits his prayer only to the extent that the matter may kindly be remanded back to the lower Court with a direction that a fresh opportunity of being heard should be given to the applicant as well as to the private respondent.

4. Learned counsel for the second respondent has no objection to the prayer sought for by the learned counsel for the applicant.

5. Considering the submissions advanced by the learned counsel for the parties, the present criminal misc. application is disposed of with the following directions:

(i) The matter is remanded back to the learned Court below to decide the same within a period of six months from the date of production of certified copy of this order.

(ii) Fresh opportunity of being heard shall be given by the lower Court to the applicant as well as to respondent no. 2 herein.

(iii) Till the final disposal of the case by the Court below, the applicant shall pay a sum of Rs. 3,000/- per month to the second respondent. However, the learned Court below shall be at liberty to either reduce or enhance the amount of maintenance after hearing learned counsel for both the parties.

(iv) Parties are directed to appear before the court below on 19.03.2021.

6. Let a copy of this judgment be sent to the Court concerned for compliance.

(N.S. Dhanik, J.) 10.03.2021 SB