CRLR/118/2022
2022 Latest Caselaw 1190 UK

Citation : 2022 Latest Caselaw 1190 UK
Judgement Date : 12 April, 2022

Uttarakhand High Court

CRLR/118/2022 on 12 April, 2022

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                     COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      12.04.2022                        CRLR No.118 of 2022
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. P.C. Petshali, learned counsel for the revisionist and Mr. S.S. Adhikari, learned Deputy Advocate General assisted by Mr. Balvinder Singh, learned Brief Holder for the State.

This Criminal Revision has been filed against the order dated 05.02.2022, passed by the learned Principal Judge, Family Court, Dehradun in Criminal Case No.474 of 2021, " Saurabh Arya vs. Smt. Sheetal Arya", whereby, the application, filed by the revisionist, under Section 126(2) of the Code of Criminal Procedure, 1973, to set aside the ex- parte judgment dated 24.02.2020, passed in Criminal Case No.349 of 2019, "Sheetal vs. Saurabh", under Section 125 of the Code of Criminal Procedure, has been allowed, subject to the conditions that, (i) the present revisionist-husband shall pay an amount of Rs. 1,00,000/- to the opposite party/wife (which is about 1/6 of the total maintenance amount due to him @ ₹25,000/- per month w.e.f. 24.02.2020) and, (ii) the revisionist-husband shall pay an amount of Rs.10,000/- per month to his wife till the final disposal of main case.

On the aforesaid conditions, the Criminal Case No.349 of 2019, filed under Section 125 of the Code of Criminal Procedure, has been restored.

The learned counsel for the revisionist submitted that the revisionist has deposited Rs.1,00,000/- by the Demand Draft No.108298 dated 07.04.2022 with the Principal Judge, Family Court, Dehradun.

Issue notice to the respondent no.2. Steps to be taken within three days. Post this case on 29.04.2022. Till then, the effect and operation of the impugned order dated 05.02.2022 regarding the payment of Rs.10,000/- per month to the respondent, is stayed.

It is clarified that no adjournment shall be granted to the revisionist only on his demand, after appearance of the respondent no.2-Smt. Sheetal Arya.

(Alok Kumar Verma, J.) 12.04.2022

Neha