CRLR/444/2022
2022 Latest Caselaw 2492 UK

CRLR No.444 of 2022
Hon'ble Ravindra Maithani, J.

Mr. Sudhir Kumar, Advocate for the revisionist.

Mr. S.S. Adhikari, D.A.G.. assisted by Mr. Balvinder Singh, Brief Holder for the State.

The challenge in this revision is made to judgment and order dated 12.05.2022, passed in Criminal Case No.35 of 2019, by the Judge, Family Court, Kotdwar, District Pauri Garhwal, by which the revisionist has been directed to pay interim maintenance to the private respondent.

Heard learned counsel for the revisionist and perused the record.

In a proceeding under Section 125 of the Code of Criminal Procedure, 1973, one of the essential factors, required to be established by the wife, is that she is unable to maintain herself. In para 15 of the impugned judgment, though it is recorded that the private respondent runs a firm, but the court observed that since the bank details of the firm are not available, therefore, it cannot be presumed that the wife is unable to maintain herself.

It appears that a material evidence has not been considered. Therefore, the revision requires deliberation.

Admit.

Issue notice to the respondent no.2. Steps to be taken within a week. List this matter on 14.10.2022. Till then, the operation of the impugned order shall remain in abeyance.

(Ravindra Maithani J.) 05.08.2022

RV