Unknown vs Shubham Nayak
2022 Latest Caselaw 3044 UK

CRLR No.543 of 2022
Hon'ble Ravindra Maithani, J.

Ms. Prabha Naithani, Advocate for the revisionist.

Mr. Lalit Miglani, A.G.A. for the State.

The challenge in this revision is made to the order dated 30.08.2022, passed in Criminal Miscellaneous Case No.10 of 2022, Smt. Madhvi and another Vs. Shubham Nayak, by the court of Family Judge, Vikas Nagar, District- Dehradun ("the case"). By the impugned order, an application for interim maintenance filed by the private respondents have been allowed and the revisionist has been directed to pay total Rs. 71,000/- (Rs. 10,000/- to the respondent no.2 and Rs. 7,000/- to the respondent no.3).

Heard learned counsel for the revisionist.

It is argued by learned counsel for the revisionist that the interim maintenance is on higher side. In her affidavit, filed pursuant to the judgment in the case of Rajnesh Vs. Neha and Another (2021) 2 SCC 324, the respondent no.2 has for the respondent no.3, Rs.5,000/- was amount mentioned, but it has been given Rs. 7,000/-. The respondent no.3 is 4 years young boy, who is staying with his mother.

Having heard, this Court is of the view that in order to examine the correctness of the order to the extent it awards interim maintenance to the respondent no.3, the matter may be heard.

Admit.

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

Steps to be taken within a week. List this matter on 13.12.2022.

(Ravindra Maithani J.) 20.09.2022

RV