Unknown vs Ikbal
2022 Latest Caselaw 2904 UK

CRLR No.513 of 2022
Hon'ble Ravindra Maithani, J.

Mr. Mohd. Safdar, Advocate for the revisionist.

Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief Holder for the State.

The order dated 07.06.2022, passed in Criminal Case No.8 of 2021, Smt. Gulafsa Vs. Ikbal, by the Judge, Family Court, Vikas Nagar, District Dehradun, is put to challenge, by which interim maintenance has been granted to the private respondent.

The case of the revisionist is that, in fact, the 2 children are staying with him and he had filed a suit for restitution of Conjugal rights, which has been decreed ex-parte.

Heard learned counsel for the revisionist and perused the record.

Although, in his objection filed against the application seeking interim maintenance, the revisionist did not disclose categorically that the suit for conjugal rights has been decreed on 18.10.2021, but the judgment passed in the petition for restitution of conjugal rights reveals that the service was found personally insufficient on the private respondent.

The suit for restitution of conjugal rights has already been decreed against the private respondent.

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

Issue notice to the respondent no.2 returnable within 4 weeks.

Steps to be taken within a week. List this matter on 16.11.2022.

(Ravindra Maithani J.) 09.09.2022

RV