CRLR/194/2022
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Uttarakhand High Court

CRLR/194/2022 on 29 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office Notes, reports,
                   orders or proceedings
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         Date        or directions and                     COURT'S OR JUDGES'S ORDERS
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      29.04.2025                            CRLR No. 194 of 2022
                                            Hon'ble Vivek Bharti Sharma, J.

Mr. Ajay Joshi, learned counsel for the revisionist.

2. Mr. Sandeep Tiwari, learned counsel for the respondent no.1.

3. This present revision is preferred with prayer to set-aside the judgment and order dated 21.03.2022 passed by the learned Additional Judge Family Court, Roorkee, District Haridwar in Criminal Case No. 177 of 2016 'Sri Rajesh Joshi vs. Smt. Anita Joshi', whereby the learned court below allowed the application filed by the respondent no.1 under Section 125 Cr.P.C. and has granted a final maintenance of `15,000/- per month in favour of the respondent no. 2 and 3 with arrears from the date of filing of the application.

4. Learned counsel for the revisionist/father would submit that the maintenance could not have been awarded as both the children i.e. respondent nos. 2 & 3 are major, however, he would fairly concede that one of the children of the revisionist namely Swapnil was major at the time when the impugned order was passed and the second child of the revisionist namely Vishnu attained majority after the impugned order was passed.

However, he would further fairly concede that at the time when application under Section 125 Cr.P.C. was filed then both the children were minor.

5. On the query of the Court, learned counsel for the revisionist could not make submissions whether the revisionist had proved the date of birth of his children in the trial court or not.

6. To this, learned counsel for the revisionist seeks time to apprise the court about the above point on the next date.

7. Per contra, learned counsel for the respondent no.1 would submit that in view of the above submissions made by learned counsel for the revisionist, there is nothing to be decided in the revision as the same can be pleaded by making the application before the trial court.

8. List this matter on 04.08.2025.

(Vivek Bharti Sharma, J.) 29.04.2025 Akash