CRLR/345/2022
2022 Latest Caselaw 1984 UK

                   Office Notes, reports,
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         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
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      05.07.2022
                                            CRLR No. 345 of 2022
                                            Hon'ble Sharad Kumar Sharma, J.

Mr. A.D. Tripathi, Advocate, for the revisionist.

Mr. Lalit Miglani, Assistant Government Advocate, along with Ms. Sonika Khulbe, Brief Holder, for the State.

Issue notices to the respondents. Steps would be taken by the revisionist within a period of one week from today.

The challenge in the present criminal revision, as given by the revisionist is to the impugned judgment dated 09.06.2022, which has been passed by the Principal Judge, Family Court, Kashipur, district Udham Singh Nagar, in a proceedings of Miscellaneous Criminal Application No. 301 of 2018, Kavita alias Pooja Vs. Rinku Singh and others.

As a consequence of the judgment impugned, the maintenance, which has been determined to be made payable, has been assessed by the learned Family Court to be Rs. 10,000/- per month payable towards the wife, and Rs. 5,000/- per month, which has been determined to be paid to the daughter Lakshita. But, the concluding part of the judgment observes that the arrears of the maintenance amount as determined by the impugned judgment would be also levied on the revisionist w.e.f. the date of filing of the application itself i.e. since 03.07.2018.

The learned counsel for the revisionist submits, that after the determination of the interim maintenance, which was made payable during the pendency of the principal proceedings under Section 125, the revisionist continued to remit the interim maintenance, as would be apparent from ground (I) taken by him in the memorandum of the revision, and hence he submits, that the enhanced maintenance as determined by the Court, by the impugned judgment, and the difference of the enhanced amount may not be levied to be recovered as an arrear since 03.07.2018.

There would be an interim arrangement to the effect that, subject to the condition the revisionist continues to remit the amount of maintenance as determined by the judgment dated 09.06.2022, and would ensure to pay the same to the respondent(s) by 10th of each month, the recovery of the enhanced maintenance as determined by the impugned judgment dated 09.06.2022, levied on the revisionist w.e.f. 03.07.2018, as its arrears, the same would not be recovered till next date of listing.

Put up this revision as soon as the notices are served on the respondents.

(Sharad Kumar Sharma, J.) 05.07.2022 Mahinder/