CRLR/472/2022
2022 Latest Caselaw 2647 UK

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                                      CRLR No.472 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Pawan Mishra, Advocate for the revisionist.

Mr. Lalit Miglani, AGA with Mrs. Sonika Khulbey, Brief Holder for the State of Uttarakhand.

The revisionist to the present criminal revision had put a challenge to the impugned judgment dated 06.06.2022, as it has been passed by the court of Additional Judge, Family Court, Dehradun, whereby the application preferred by respondent no.2, for grant of interim maintenance under Section 125(2) Cr.P.C. has been partly allowed and the court has determined the maintenance which was directed to be made payable to respondent no.2-wife and the daughter at the rate of Rs.6,000/- per month.

Apart from it while attracting the provisions contained Section 125 Cr.P.C., the same has been directed to be made payable from the date of the filing of the application. So far as the determination of the interim maintenance, as it has been deduced in para 15 of the impugned judgment, is concerned, if it is co-related and read with the findings recorded in para 10 and 11 qua that of the employment of the present revisionist and in view of the contradictory pleading which has been raised in the objection filed by the revisionist, the court has arrived at a conclusion of determining the interim maintenance of Rs.6,000/- each to be made payable to respondent nos.2 & 3.

After having heard the learned counsel for the revisionist and considering the fact, that the amount, which has been directed to be made payable, it quite reasonable enough in view of the reasons, which has been drawn on the basis of appreciation of document, which was placed on record including the affidavit Paper No.21 Ka and the balance sheet Paper No.21-Ka-16, for the purposes of determining the accrual income of the present revisionist, the tentative determination of interim maintenance by the impugned order does not suffer from any apparent error, as such because this Court is of the view that for a normal standard living of a human being, it has had to be commensurated to the standard of living, which she would be otherwise entitled to enjoy had there was no matrimonial discord.

In that eventuality, the determination of Rs.6,000/- to be made payable to each of respondent nos.2 & 3, is quite reasonable enough to meet out their day today expenses, but however considering the fact that the determination of maintenance would be having a recurring effect during the pendency of the proceedings under Section 125 of Cr.P.C. itself, while without disturbing the impugned order dated 06.06.2022, the learned Additional Judge Family Court, Dehradun is directed to decide the principal proceedings under Section 125 of Cr.P.C. registered as Criminal Case No.292 of 2020 Smt. Deepti Singh and others vs. Vijay Singh, as expeditiously as possible but not later than three months from the date of production of certified copy of this order.

Subject to the aforesaid exception for a direction to decide the proceedings, the criminal revision is closed.

(Sharad Kumar Sharma, J.) 25.08.2022 Arti