Manoj Kumar Sharma vs State Of Uttarakhand And Another
2022 Latest Caselaw 1535 UK

     IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
                 Criminal Revision No. 237 of 2022

Manoj Kumar Sharma                                  ...Revisionist

                                Vs.
State of Uttarakhand and Another                   ...Respondents



Mr. Pradeep Chamyal, learned counsel for the revisionist.
Ms. Manisha Rana Singh, learned A.G.A. for the State.


                                             Dated: 19th May, 2022

Hon'ble N.S. Dhanik, J.

This criminal revision has been preferred by the ex- parte order dated 09.03.2022 passed by learned Judge, Family Court, Haldwani, District Nainital in Misc. Criminal Case No. 338 of 2021, "Smt. Anupama Sharma Vs. Manoj Kumar Sharma" whereby the learned Family Court Judge has awarded interim maintenance to the tune of Rs. 8,000/- per month to Respondent No.2/wife, and Rs. 2,000/- as expenses of the proceedings.

2. Heard learned counsel for the parties.

3. 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.

4. 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. 6,000/- per month regularly to the respondent no.2/wife before the 10th day of every month and without any break from the date of this order. However, this Court is not commenting anything in regard to the case expenses (Rs. 2,000/-) that has been awarded in favour of respondent no.2. 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.

5. 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.

6. Let a copy of this judgment be sent to the Court concerned for compliance.

(N.S. Dhanik, J.) 19.05.2022 RV