Uttarakhand High Court
CRLR/312/2021 on 23 March, 2022
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CRLR No. 312 of 2021
Hon'ble N.S. Dhanik, J .
Mr. Pawan Mishra, learned counsel for
the revisionists.
Mr. Nalin Saun, learned counsel
holding brief of Mr. Shashank Saun, learned
counsel for the first respondent.
Mrs. Lata Negi, learned Brief Holder
for the State.
This criminal revision is being filed
against the ex-parte judgment and order
dated 06.10.2021 passed by the learned
Judge Family Court, Dehradun in Case No.
49 of 2021 whereby a sum of Rs. 30,000/-
per month has been awarded in favour of
revisionists.
Learned counsel for the revisionists
would submit that the judgment and order
passed by the Court below is an ex-parte
order against respondent no. 1, meaning
thereby there was no opportunity of rebuttal
of application of revisionists on the part of
respondent no. 1, even then the Court
below did not rely upon the contentions of
the applicant/revisionists and the
revisionists were awarded a very petty
amount, which is liable to be enhanced. He
further submits that, despite of the salary
slip of respondent no. 1 for the month of
November, 2018, and without any
assessment, a very petty amount has been
awarded to the revisionists and the Court
below has ignored the fact that respondent
no. 1 is working as a Chief Manager in
Indian Oil Corporation Limited and he has
concealed this fact and his income too, from
the Court below which is not proper in the
eyes of the law.
After arguing at some length, learned
counsel for the revisionists limits his prayer
only to the extent that the aforementioned
ex-parte judgment and order dated
06.10.2021 may be set aside with a
direction to learned Court below to decide
the matter afresh in the light of the
judgment of Hon'ble Supreme Court in the
case of Rajnesh vs. Neha (2021) 2 SCC
234 for its fair disposal.
Learned counsel for the first
respondent has no objection to the prayer
sought for by the learned counsel for the
revisionist.
Considering the submissions advanced
by the learned counsel for the parties, the
judgment and order dated 06.10.2021
passed by the learned Judge Family Court,
Dehradun is hereby set aside with the
following directions:
i) Parties are directed to appear
before the Court below on or
before 18.04.2022.
ii) The trial Court is directed to
consider all the facts and after
hearing both the parties,
decide the matter afresh in
the light of the judgment of
Hon'ble Supreme Court in the
case of Rajnesh vs. Neha
(2021) 2 SCC 234, as
expeditiously as possible.
iii) Fresh opportunity of being
heard shall be given by the
lower Court to the revisionists
and first respondent, herein.
iv) Till the fresh interim/final
order of maintenance passed
by the learned Court below,
respondent no. 1 shall pay
maintenance to the
revisionists @ of Rs. 30,000/-
per month by the 10th of every
month. The Court below is at
liberty to modify this amount
after hearing the concerned
parties.
Let a copy of this judgment be sent to
the Court concerned for compliance.
(N.S. Dhanik, J.)
23.03.2022
SB
