Amit Rawat vs State Of Uttarakhand And Others
2022 Latest Caselaw 1036 UK

      IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                 Criminal Revision No. 138 of 2022

Amit Rawat                                         ...Revisionist

                                Vs.
State of Uttarakhand and Others                    ...Respondents



Mr. Bharat Singh, learned counsel for the revisionist.
Ms. Manisha Rana Singh, learned A.G.A. for the                 State   of
Uttarakhand.

                                        Dated: 31st March, 2022

Hon'ble N.S. Dhanik, J.

This criminal revision has been preferred by the revisionist challenging the impugned order dated 18.12.2021 passed by the Additional Judge, Family Court, Rishikesh, District- Dehradun, in Criminal Case No. 36 of 2021, "Manju and another Vs. Amit Rawat" whereby a total interim maintenance of Rs. 3,000/- per month have been awarded in favor of respondent no.2 & 3.

2. Heard learned counsel for the parties.

3. Learned counsel for the revisionist would submit that the revisionist earns only 44,000/- per month and is residing on rented room and is making payment of Rs. 10,000/- as rent. He further submitted that the revisionist has also a liability to maintain his parents who are old senior citizens and also to maintain his unemployed brother and it is difficult for him to pay an amount of Rs. 3000/- per month to respondent no. 2. He further submitted that the respondent no.2 herself is earning well amount from tailoring and other sources.

4. After arguing at some length, he limits his prayer only to the extent that the matter may kindly be remanded back to the lower Court for its expeditious disposal.

5. Considering the submissions advanced by the learned counsel for the parties, the present criminal revision is disposed of with the following directions:

(i) The matter is remanded back to the learned Court below to decide the same without being prejudiced, as expeditiously as possible.

(ii) Till the final disposal of the case by the Court below, the revisionist shall pay a total sum of Rs. 2,000/- per month regularly to respondent no. 2 before 10th of every month and without any break from the date of this order. However, the learned Court below shall be at liberty to either reduce or enhance the amount of maintenance after hearing learned counsel for both the parties from such date as the learned Court below deems it fit, in accordance with law.

(iii) Needless to say that the interim maintenance modified herein would have no effect on the merits and the Court below is at liberty as given above.

6. Any application pertaining to the arrears of maintenance, if any, is filed before the Court below, the same shall be disposed of on merits, as per law.

7. Let a copy of this judgment be sent to the Court concerned for compliance.

(N.S. Dhanik, J.) 31.03.2022 RV