Uttarakhand High Court
Another vs Krishna Kumar And Others" And Has on 25 August, 2023
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C482 No.1545 of 2023
Hon'ble Sharad Kumar Sharma, J.
Ms. Rajni Supyal, learned counsel for the
applicant.
Mr. V.S. Rawat, learned Brief Holder for the
State.
The applicant in the present C482
Application has prayed for quashing of the order
of 24.01.2018, which was passed by the Court of
learned Second Additional Civil Judge(J.D.) in
Misc. Case No.914 of 2015, Smt. Rajnish and
Another Vs. Krishna Kumar and Others" and has
further prayed for staying the effect and operation
of the order dated 04.05.2023 which was passed
by the Court of learned Second Additional Civil
Judge, Dehradun, thereby issuing recovery
warrants against the applicant for a recovery of
Rs.1,65,000/- and the balance maintenance
amount of Rs.50,000/- as a compensation, which
was directed to be paid during the pendency of
the proceedings before the Court.
Facts are that the applicant and respondent
no.2 got married on 22.11.2019, consequent to
which, they were blessed with a girl child Suhani,
who was born on 03.03.2021.
There had been certain matrimonial dispute,
owing to which, initially, the direction was issued
to the applicant for payment of a maintenance
amount as Rs.4,000/- per month for respondent
no.2 and Rs.3,000/- per month for respondent
no.3. Besides the above amount, the applicant
was also directed to pay a sum of Rs.5,000/- per
month to respondent no.2.
As the said amount was not being remitted
and respondent no.2 since was deprived of her
right of maintenance, she preferred a proceeding
under Section 12 of the Domestic Violence Act
praying for grant of relief under Section 18, 19,
20, 21, 22 and 23 of the Act. The application,
thus filed by respondent no.2, was objected to by
the present applicant contending therein that the
proceeding drawn under Section 12 of the
Domestic Violence Act, is malicious.
But, however, the application preferred by
respondent no.2 under Section 12 of the
Domestic Violence Act was decided by the Court
of Second Additional Civil Judge (J.D.) by the
judgment of 24.01.2018, whereby the aforesaid
Court has granted the relief under Section 18 and
19 of the Domestic Violence Act. Consequent to
which, the applicant was restrained to not to
commit domestic violence upon respondent no.2
and 3 and further under Section 19 of the
Domestic Violence Act, it was directed that the
present applicant would ensure to return the
goods mentioned by respondent no.2 in the list,
filed with the proceeding under Section 12 of the
Domestic Violence Act.
Even the relief under Section 20 of the Act
was also granted in favour of respondent no.2
thereby directing the applicant to pay a sum of
Rs.50,000/- per month as maintenance for
respondent no.2 and 3.
The applicant being aggrieved against the
order of 24.01.2018 as passed in Misc. Case
No.914 of 2015 has preferred Criminal Appeal
No.17 of 2018 "Krishna Kumar Vs. Rajnish and
Others" before the District and Sessions Judge,
Dehradun.
On the other hand, respondent no.2 had
also preferred an appeal being Criminal Appeal
No.19 of 2018, "Smt. Rajnish and Anther Vs.
Krishna Kumar" as against the judgment of
24.01.2018 praying for an enhancement of
maintenance as it has been granted by the trial
Court.
The two appeals were decided by the Court
of 5th Additional Sessions Judge, Dehradun by
the judgment of 18.12.2021.
Consequent to which, Criminal Appeal
No.17 of 2018 filed by the present applicant
against the judgment of 24.01.2018 was
dismissed; whereas on the other hand the
Criminal Appeal No.19 of 2018 filed by
respondent no.2 was partly allowed.
Respondent no.2 has filed a Criminal
Revision against the judgment of the Appellate
Court, being Criminal Revision No.101 of 2022,
which is pending before the High Court.
The respondent thereafter filed an
execution, being Execution Case No.312 of 2022
seeking an execution of the order dated
24.01.2018 to be read with the judgment of
18.12.2021, which was objected by the present
applicant by filing an objection on 08.10.2022, in
which, the Execution Court passed the impugned
order of 04.05.2023 issuing recovery warrants
against the present applicant.
To summarize the controversy, the issuance
of the recovery warrant by an order of 04.05.2023
in Execution Case No.312 of 2022, was nothing
but a recourse which has been adopted by
respondent no.2 for enforcing the order of
allowing the application under Section 12, 18 and
19 of the Domestic Violence Act by an order of
24.01.2018 and its subsequent affirmation by the
Appellate Court's judgment of 18.12.2021. Its
against the order of recovery warrant of
04.05.2023, the instant C482 Application has
been preferred.
This Court is of the view, that since
respondent no.2, being aggrieved against the
order dated 24.01.2018 and 18.12.2021, had
already filed a revision, being Criminal Revision
No.101 of 2022 and the same is pending, it will
be apt that since the issuance of warrant on
04.05.2023 in Execution Case No.312 of 2022, is
as a consequence of the principal order passed
under Section 12, 18 and 19, which is now a
subject matter in a Criminal Revision, the
applicant should prefer a stay application in the
pending revision for redressal of his grievances as
against the recovery warrant issued on
04.05.2023.
It is hereby directed that, if the applicant
prefers an application in the pending revision
within a period of two weeks from today, the
recovery warrant of 04.05.2023, as issued in
Execution Case No.312 of 2022, would not be
given effect to.
Subject to the aforesaid, the C482
Application stands disposed of.
(Sharad Kumar Sharma, J.)
25.08.2023
Sukhbant
