Bhanu Prakash Badoni vs State Of Uttarakhand And Another
2022 Latest Caselaw 1375 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                  Criminal Revision No. 187 of 2022

Bhanu Prakash Badoni                                ...Revisionist

                                 Vs.
State of Uttarakhand and Another                   ...Respondents



Mr. Sandeep Kothari, learned counsel for the revisionist.
Mr. J.S. Virk, learned A.G.A. 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 13.04.2022, passed by VI Additional District & Sessions Judge, Dehradun in Misc. Criminal Appeal No. 77 of 2021, "Smt. Priyanka Vs. Shri Bhanu Prakash Badoni and others" whereby a total interim maintenance of Rs. 7,000/- was enhanced to Rs. 20,000/- per month in favor of respondent no.2/wife.

2. Heard learned counsel for the parties.

3. Learned counsel for the revisionist would submit that the respondent no.2 is highly qualified and is able to maintain herself. He further submitted that though the salary of the revisionist is Rs. 62,000/-, however after post deductions, he receives a sum of Rs. 48,000/- in hand out of which there is a substantial expenses of maintaining the residence and other amenities which approximately amounts to Rs. 10,000/-. Also the revisionist has to carry out necessary expenses with respect to family also.

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. 15,000/- per month regularly to the respondent no. 2/wife 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