Smt. Rekha Devi vs Rakesh Singh Gusai
2023 Latest Caselaw 424 UK

CRLR No.33 of 2023
Hon'ble Ravindra Maithani, J.

Mr. Shivanand Bhatt, Advocate for the revisionist.

Mr. S.S. Adhikari, D.A.G. for the State.

The challenge in this revision is made to order dated 15.12.2022, passed in Misc. Criminal Case No.57 of 2019, Smt. Rekha Devi Vs. Rakesh Singh Gusai, by the court of Family Judge, Kotdwar, District Pauri Garhwal. By it, the revisionist has been directed to pay Rs. 10,000/- per month maintenance to the private respondent.

Learned counsel for the revisionist would submit that, in fact, the revisionist was in Army. Due to health condition, he was sent back from Army to the custody of his wife, the private respondent. The account was joint. Taking advantage of the ill health of the revisionist, it is submitted that the private respondent withdrew about Rs. 30 Lakhs from the joint account without notice and knowledge of the revisionist. In fact, it is argued that the revisionist was mentally not stable. Reference has been made to the statement of the private respondent recorded at Page 8 of the impugned judgment, wherein she has admitted that she withdrew 27 Lakhs from the joint account.

Having considered the arguments, under the fact and circumstances of the case, this Court is of the view that this matter definitely requires deliberations.

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

Steps to be taken within a week. List this matter on 08.06.2023.

(Ravindra Maithani J.) 17.02.2023

RV