Uttarakhand High Court
Mahatam Bhagat vs Smt. Savitri Devi And Another on 17 August, 2022
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No.456 of 2022
Mahatam Bhagat ..........Revisionist
Vs.
Smt. Savitri Devi and another ........ Respondents
Present : Mr. Sanjay Bhatt, Advocate for the revisionist.
Mr. K.S. Rawal, A.G.A. for the State.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this revision is made to the
order dated 25.07.2022, passed in Criminal Case No.183
of 2021, Smt. Savitri Devi vs. Mahatam Bhagat, passed by
the court of Judge, Family Court-I, Udham Singh Nagar
(for short, "the case"). By the impugned order, an
application for interim maintenance filed by the
respondent no.1 ("the wife") has been allowed and the
revisionist has been directed to pay `7,000/- per month
to the wife as interim maintenance.
2. Heard learned counsel for the parties and
perused the record.
3. It appears that the respondent no.1 ("the wife")
filed an application under Section 125 of the Code of
Criminal Procedure, 1973 (for short, "the Code") seeking
maintenance from the revisionist. According to the wife,
she and the revisionist married 30 years prior to filing of
the application but, the revisionist solemnized marriage
with another woman and deserted the wife and did not
take care of her. Initially, the revisionist had agreed to pay
`10,000/- per month as maintenance to the wife but
subsequently, he refused to make that payment.
According to the wife, she is not able to maintain herself
whereas, the revisionist is employed and gets `55,000/-
per month salary from Pantnagar University. It is this
application during pendency of which an application for
interim maintenance was filed, which was objected to by
the revisionist. After hearing the parties, by the impugned
order the revisionist has been directed to pay `7,000/-
per month as an interim maintenance.
4. Learned counsel for the revisionist would argue
that after marriage in the year 1988, the wife deserted the
revisionist in the year 1997 and started living with his
brother in adultery. In the year 2021 suddenly, the wife
sought maintenance from the revisionist.
5. It is argued that despite these objections
having been taken, interim maintenance has been
granted to the wife.
6. Certain documents have been filed in the
revision, as well by the revisionist. In the impugned order,
objections and arguments as raised by the parties have
been discussed. The court below has also discussed the
documents that were filed by the parties.
7. Admittedly, the revisionist and the wife did
marry long back. It is the allegation of the wife that the
revisionist entered into the second marriage with a
woman called Aarti. This has not been admitted by the
revisionist. Along with the list, a document dated
28.11.2021 has been filed by the revisionist, which is a
document purportedly issued by Gram Panchayat Raj
Bankatia. It reads that after marriage since the wife could
not conceive a child, the revisionist married with another
woman and thereafter, the wife started staying with his
brother.
8. At this stage deeper scrutiny is not expected.
The documents which have been filed by the revisionist
itself revealed that it is not the wife, who deserted or
started living in adultery instead it is the revisionist, who
entered into another marriage during the subsistence of
his marriage with the wife and under those circumstance,
the documents says that the wife started staying with
younger brother of the revisionist. Though, according to
the document dated 28.11.2021, the wife started staying
with the brother of the revisionist as husband and wife,
but definitely it would also find scrutiny during the final
disposal of the application under Section 125 of the Code
that has been filed by the wife. At this stage, this Court is
of the view that the court below did not commit any error,
illegality or impropriety in passing the impugned order.
Therefore, the revision has no substance and deserves to
be dismissed at the stage of admission itself.
9. The revision is dismissed in limine.
(Ravindra Maithani, J.)
17.08.2022
Sanjay
