Shubham Khurana vs Smt. Bharti Khurana
2022 Latest Caselaw 1376 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                 Criminal Revision No. 191 of 2022

Shubham Khurana                                    ...Revisionist

                                Vs.
Smt. Bharti Khurana                                ...Respondent



Mr. Vikas Kumar Guglani, learned counsel for the revisionist.

                                             Dated: 4th May, 2022

Hon'ble N.S. Dhanik, J.

This criminal revision has been preferred by the revisionist challenging the interim maintenance order dated 17.01.2022 passed by the learned Family Judge (I), Rudrapur in Case No. 62 of 2020 under Section 125 CrPC, whereby a total interim maintenance of Rs. 4,000/- per month was awarded in favour of the respondent.

2. Heard learned counsel for the parties.

3. Learned counsel for the revisionist would submit that the father of the revisionist is a small farmer and he works with his father, therefore he has a meager source of income through which he has to look after his parents as well as his and he is unable to pay such a higher amount to the 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. 3,000/- regularly to the 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.

6. Needless to say that if any application pertaining to the arrears of maintenance 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