Anil Kumar Batra vs State Of Uttarakhand And Another
2022 Latest Caselaw 873 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                   Criminal Revision No. 282 of 2021

Anil Kumar Batra                                      ...Revisionist

                                  Vs.
State of Uttarakhand and Another                      ...Respondents



Mr. Gopal K. Verma, learned counsel for the revisionist.
Mr. V.K. Jemini, learned Deputy Advocate General for the State of
Uttarakhand.
Mr. Narendra Bali, learned counsel for the second respondent.

                                              Dated: 23rd March, 2022

Hon'ble N.S. Dhanik, J.

This criminal revision has been preferred by the revisionist challenging the impugned judgment and order dated 23.09.2021 passed by the learned Family Court, Haridwar in Case No. 453 of 2018, "Smt. Kavita Sharma vs. Anil Batra" whereby a total interim maintenance of Rs. 15,000/- per month has been awarded in favour of the second respondent.

2. Heard learned counsel for the parties.

3. Learned counsel for the revisionist would submit that the father of the revisionist got purchased two shops for the revisionist and his brother but on the allegation of encroachment, the authorities of Faridabad Nagar Nigam, didn't permit to run the same and now the revisionist is doing work in front of his shop by constructing a temporary tin-shed structure. He further submits that the revisionist is suffering from lever problem and his treatment is going on and for the same purpose large amount of money is being used.

4. After arguing at some length, learned counsel for the revisionist limits his prayer only to the extent that the matter

may kindly be remanded back to the lower Court for its expeditious disposal, preferably within a period of six months.

5. Learned counsel for the second respondent has no objection to the prayer sought for the learned counsel for the revisionist.

6. 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, within a period of six months from the date of production of a certified copy of this order.

(ii) Till the final disposal of the case by the Court below, the revisionist shall pay a sum of Rs. 10,000/- per month regularly to second respondent 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.

7. Needless to say that 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.

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

(N.S. Dhanik, J.) 23.03.2022 SB