Uttarakhand High Court
Pankaj vs State Of Uttarakhand And Another on 24 March, 2022
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 119 of 2022
Pankaj ...Revisionist
Vs.
State of Uttarakhand and Another ...Respondents
Mr. Prakash Chandra, learned counsel for the revisionist.
Mrs. Meena Bisht, learned Brief Holder for the State of Uttarakhand.
Dated: 24th March, 2022
Hon'ble N.S. Dhanik, J.
This criminal revision has been preferred by the
revisionist challenging the impugned judgment and order dated
28.01.2022 passed by the learned Principal Judge, Family
Court, Dehradun in Case No. 241 of 2021, "Smt. Manisha V/s
Pankaj" whereby a total interim maintenance of Rs. 8,000/- per
month has been awarded in favour of the second respondent &
further directed to pay Rs. 15,000/- as expenses of case.
2. Heard learned counsel for the parties.
3. Learned counsel for the revisionist would submit that
the father of the revisionist is a peanut seller in a thela and
earns meager income, whereas, the revisionist is an
unemployed person, who lost his job. He further submits that
his mother is ill & her treatment is going on and it is nearly
impossible for him to pay such a higher amount to respondent
no.2 as interim maintenance.
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. 6,000/- per
month regularly to second respondent before 10th of every
month and without any break from the date of this order.
However, the Court is not directing anything in regard to
the amount of Rs. 15,000/-, which were awarded as
expenses of the case, as per the direction of the learned
Court below. Also, 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.)
24.03.2022
RV
