Citation : 2024 Latest Caselaw 2549 UK
Judgement Date : 6 November, 2024
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 773 of 2024
Sri Kuljeet Singh ....Revisionist
Vs.
State of Uttarakhand and Others ..... Respondents
Present:-
Mr. Avidit Noliyal, Advocate for the revisionist.
Mr. Vipul Painluly, Brief Holder for the State of Uttarakhand.
Mr. Arjun Arora, Advocate for the respondent nos. 2 and 3
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral) The challenge in this revision is made to
the order of interim maintenance dated 08.08.2024,
passed in Criminal Case No.73 of 2023, Smt. Swati Kaur
Vs. Kuljeet Singh, by the court of Family Judge,
Haridwar ("the case"). By it, the revisionist has been
directed to pay Rs. 15,000/- per month interim
maintenance to the respondent no.2, his wife, and Rs.
10,000/- per month interim maintenance to the
respondent no.3, his son.
2. Heard learned counsel for the revisionist
and perused the record.
3. The respondent no.2 filed an application
under Section 125 of the Code of Criminal Procedure,
1973, seeking maintenance from the revisionist for
herself and her son, the respondent no.3, which is the
basis of the case. In the case, an application for interim
maintenance was filed.
4. It is the case of the respondent no.2 that
she and the revisionist was married on 02.09.2018, but
after marriage, she was harassed and tortured by the
revisionist and his family members. She gave birth to the
respondent no.3, her son, on 16.10.2019. The revisionist
is not keeping her with him. She is not able to maintain
herself, whereas, the revisionist is a Doctor in the
Government Department, who gets Rs. 90,000/- per
month salary
5. The revisionist did file objections to it. He
denied all the allegations of harassment. It is admitted
that he and the respondent no.2 are staying separate.
The revisionist has also admitted that he earns
Rs.90,000/- per month, as salary.
6. Learned counsel for the revisionist would
submit that there are chances of settlement between the
parties; the revisionist has responsibility to look after his
parents also.
7. Admittedly, the revisionist and the
respondent no.2 are husband and wife. They are blessed
with a son, the respondent no.3. Parties are staying
separate. It has been the case of the respondent no.2
that she is not able to maintain herself, whereas, the
revisionist is a Doctor working in a Government
Department, and earns Rs. 90,000/- per month. It has
been admitted by the revisionist also. The court has
awarded total Rs. 25,000/- having considered the
financial condition of the parties. This Court does not
see any error, illegality or impropriety in the impugned
order. Therefore, this Court does not see any reason to
make any interference in this revision. Accordingly, the
revision deserves to be dismissed, at the stage of
admission itself.
8. The revision is dismissed in limine.
(Ravindra Maithani, J.) 06.11.2024 Ravi Bisht
RAVI
2.5.4.20=ded921477e34a304cbcb0b52d4a 59f37e6d2018d38d0b669a5c068799391e6
BISHT bb, postalCode=263001, st=UTTARAKHAND, serialNumber=AA64B1F44E60E652AE5485E D764961E4E52FD29C6F03C20917020ED09 3405536, cn=RAVI BISHT Date: 2024.11.07 16:04:21 +05'30'
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