Anil Upreti vs State Of Uttarakhand And Others
2022 Latest Caselaw 1430 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                 Criminal Revision No. 214 of 2022

Anil Upreti                                        ...Revisionist

                                 Vs.
State of Uttarakhand and Others                    ...Respondents



Ms. Devika Tiwari, learned counsel for the revisionist.
Ms. Manisha Rana Singh, learned A.G.A. for the State.


                                             Dated: 9th May, 2022

Hon'ble N.S. Dhanik, J.

This criminal revision has been preferred by the revisionist challenging the impugned order dated 05.01.2022 passed by learned Principal Judge, Family Court, Haldwani, District Nainital in Misc. Criminal Case No. 334 of 2016, "Smt. Tara & others Vs. Anil Upreti" whereby the learned Family Court Judge has awarded Ad-interim maintenance to the tune of Rs. 15,000/- per month to Respondent No.3/son, from the date of the order.

2. Heard learned counsel for the parties.

3. Learned counsel for the revisionist submitted that the respondent no.2 is an employed woman and is getting a salary of Rs. 60,000/- per month whereas the revisionist is at present out of job and is an unemployed person.

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 and a direction may be given to the concerned Court to decide the matter in the light of the judgment of Hon'ble Supreme Court in the case of Rajnesh vs. Neha (2021) 2 SCC 234.

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 in the light of the judgment of the Hon'ble Supreme Court in the case of Rajnesh vs. Neha (2021) 2 SCC 234.

(ii) Till the final disposal of the case by the Court below, the revisionist shall pay a sum of Rs. 12,000/- per month regularly to the respondent no.3/son before the 10th day 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.) 09.05.2022 RV