Citation : 2024 Latest Caselaw 161 UK
Judgement Date : 26 February, 2024
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No.476 of 2023
Harendra Singh .............Revisionist
Versus
State of Uttarakhand and another ..........Respondents
Present:-
Mr. Pooran Singh Rawat, Advocate for the revisionist.
Mr. Virendra Singh Rawat, AGA for the
State/respondent no.1.
Mr. Kishore Rai, Advocate holding brief of Mr. Mani
Kumar, Advocate for respondent no.2.
Hon'ble Ravindra Maithani, J. (Oral)
The challenge in this revision is made to the
order dated 29.04.2023, passed in Misc. Criminal Case
No.295 of 2019, Smt. Ayushi Chauhan Vs. Harendra
Singh, by the Judge, Family Court 1st, Rudrapur, District
Udham Singh Nagar ("the case"), by which, an application
filed under Section 125 of the Code of Criminal
Procedure, 1973 ("the Code") of the private respondent
has been allowed and the revisionist has been directed to
pay `6,000/- per month to the private respondent, as an
interim maintenance. Initially notices were issued to the
private respondent and in order to explore the possibility
of amicable settlement, the parties are directed to appear
in person.
2. Heard learned counsel for the parties and
perused the record.
3. Today, learned counsel for the revisionist and
learned counsel for the respondent no.2 are present. They
would submit that the parties have resolved the dispute
amicably and they have decided to stay separate and the
application under Section 13(B) of the Hindu Marriage
Act, 1955 has already been allowed by the Judge, Family
Court in Family Case (Civil Case) No.16 of 2024, Smt.
Ayushi Chauhan vs. Harendra Singh. A copy of judgment
dated 31.01.2024 has been filed tendered. It is taken on
record.
4. Learned counsel for the revisionist would
submit that since parties have settled the dispute
amicably, nothing survives in this revision and it may be
decided accordingly.
5. An order granting interim maintenance to the
private respondent is impugned. It is a matter arising out
of matrimonial discord. Since parties have amicably
settled their dispute, nothing survives in this revision. It
stands disposed of accordingly.
(Ravindra Maithani, J.) 26.02.2024 Sanjay
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