Smt. Rekha Devi And Another ... vs State Of Uttarakhand And Another
2022 Latest Caselaw 1086 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

                 Criminal Revision No. 247 of 2021

Smt. Rekha Devi and another                         ...Revisionist s

                               Vs.

State of Uttarakhand and another                ...Respondents



Mr. Arvind Kumar Sharma, learned counsel for the revisionist.
Mr. Pankaj Joshi, learned Brief Holder for the State.
Mr. Pratul, learned counsel holding brief of Mr. Lokendra
Dobhal, learned counsel for the second respondent.

                                           Dated: 4th April, 2022

Hon'ble N.S. Dhanik, J.

This criminal revision has been preferred by the revisionists challenging the judgment and order dated 20.06.2020 passed in Criminal Misc. Application No. 08 of 2019, "Smt. Rekha Devi and another vs. Shri Satish" whereby interim maintenance of Rs. 4,000/- per month has been awarded in favour of the first revisionist and Rs. 3,500/- per month has been awarded in favour of the second revisionist- minor son.

2. Heard learned counsel for the parties.

3. Learned counsel for the revisionists would submit that the total income of the second respondent is Rs. 80,000/- and he has enough sources to give higher amount of maintenance to revisionist nos. 1 and 2.

4. On the other hand, learned counsel for the second respondent would submit that the interim maintenance as awarded by Court below is sufficient and need no interference.

5. After arguing at some length, he limits his prayer only to the extent that the matter may kindly be remanded back to the lower Court for its expeditious disposal.

6. Learned counsel for the second respondent has no objection to the prayer sought for by the learned counsel for the revisionists.

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

(i) The matter is remanded back to the learned Court below to decide the same without being prejudiced, as expeditiously as possible.

(ii) Till the final disposal of the case by the Court below, the second respondent shall pay a sum of Rs. 3,500/- per month to the first revisionist and shall pay a sum of Rs. 2,500/- per month to the second revisionist/minor son. 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.

(iii) It is made clear that the second respondent shall pay arrears, if any, to the first revisionist @ Rs. 4,000/- per month and to the second revisionist-minor son @ Rs. 3,500/- per month from 20.06.2020 till today i.e. 04.04.2022 and from 05.05.2022, the interim maintenance be paid @ 3,500/- per month to the first revisionist and Rs. 2,500/- per month to the second revisionist-minor son. Needless to say that the interim

maintenance modified herein would have no effect on the merits and the Court below is at liberty as given above.

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

(N.S. Dhanik, J.) 04.04.2022 SB