Rajesh Sharma vs Smt. Komal Sharma And Others
2022 Latest Caselaw 1374 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                  Criminal Revision No. 190 of 2022

Rajesh Sharma                                       ...Revisionist

                                 Vs.
Smt. Komal Sharma and Others                        ...Respondents



Mr. Sanjay Bhatt, learned counsel for the revisionist.
Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand.

                                            Dated: 04th May, 2022

Hon'ble N.S. Dhanik, J.

This criminal revision has been preferred by the revisionist challenging the impugned order dated 11.04.2022, passed by Learned Principal Judge, Family Court, Dehradun in Criminal Case No.231 of 2021, "Smt. Komal Sharma and others Vs. Shri Rajesh Sharma" whereby interim maintenance of Rs. 6,000/- and Rs. 4,000/- per month was awarded in favour of respondent no. 1/wife and respondent no.2/daughter, respectively.

2. Heard learned counsel for the parties.

3. Learned counsel for the revisionist would submit that the respondent no.1/wife is a highly qualified woman whose annual income is Rs. 4,15,200 whereas, the revisionist is earning a monthly income of Rs. 9,000/- and it is not possible for him to pay such a huge amount as interim maintenance.

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. 5,000/- and Rs. 3,000/- per month regularly to the respondent no. 1/wife and respondent no.2/daughter, respectively 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.) 04.05.2022 RV