Hon'Ble Ravindra Maithani vs Dheeraj Kapoor
2022 Latest Caselaw 3344 UK

CRLR No.626 of 2022
Hon'ble Ravindra Maithani, J.

Mr. Tapan Singh, Advocate for the revisionist.

Mr. Pankaj Joshi, Brief Holder for the State.

The challenge in this revision is made to judgment and order dated 16.07.2022, passed in Case No.161 of 2017, Ridhi Kapoor and Another Vs. Dheeraj Kapoor, by the court of Family Judge, Haridwar, District Haridwar. By it, an application filed under Section 125 of the Code of Criminal Procedure, 1973 ("the Code"), by the respondent nos. 2 and 3 (children of the revisionist) has been allowed and the revisionist has been directed to pay Rs. 13,000/- per month to the private respondents.

Heard learned counsel for the revisionist and perused the record.

In the maintenance proceedings under Section 125 of the Code, initiated by mother of the private respondents, seeking maintenance for the private respondents, it has been objected to by the revisionist that the mother of the private respondents is well settled; earns about Rs. 90,000/- per month; she has concealed various incomes of her; in fact, in her cross-examination, these questions have been asked from Poonam Kapoor, the wife of the revisionist, with whom the private respondents are staying.

A perusal of cross-examination of PW1, Smt. Poona, Devi, reveals that definitely she had not revealed various accounts and income of her.

Having considered the entirety of facts, this Court is of the view that this matter definitely requires deliberations.

Admit.

Issue notice to the private respondents, returnable within four weeks.

Steps to be taken within a week. List this matter on 15.12.2022. Till the next date of listing, the operation of the impugned order shall remain in abeyance.

(Ravindra Maithani J.) 15.10.2022

RV