CRLR/49/2022
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Uttarakhand High Court

CRLR/49/2022 on 28 February, 2025

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
No                 Registrar's order with
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      28.02.2025                            CRLR No.49 of 2022
                                            Hon'ble Alok Mahra, J.

Mr. Narendra Bali, learned counsel for the revisionist.

2. Mr. Akshay Latwal, learned Brief Holder for the State.

3. Mr. M. B. Shah and Mr. H. Shah, learned counsel for respondent no.2.

Delay Condonation Application (IA/7/23)

4. In view of the grounds stated and considering the fact that the learned counsels for the respondents fairly do not oppose the application, delay of 72 days is condoned. Delay condonation application, made therefor, stands allowed.

5. This criminal revision has been filed against the ex-party judgment and order dated 04.10.2019 passed by the Family Judge, Haridwar in Criminal Case No.113 of 2019, 'Minakshi Sharma @ Dolly & Another Vs. Rakesh Kumar Dhiman, under Section 125 of Cr.P.C. as well as the impugned order dated 13.12.2021 passed by the Family Judge, Haridwar in Misc. Case No.89 of 2021, whereby the Judge Family Court has dismissed the application of the revisionist under Section 126(2) of Cr.P.C. for non-prosecution.

6. Learned counsel for the respondent no.2/wife would submit that the application of respondent no.2 filed under Section 125 Cr.P.C. for grant of maintenance has been partly allowed on 04.10.2019 by the Judge Family Court and the revisionist was directed to pay a sum of Rs.15,000/- per months to respondent no.2 from the date of the order.

7. Thereafter, respondent filed an application under Section 125(3) Cr.P.C. on 27.02.2020 for grant of arrears of maintenance amounting to the tune of Rs.60,000/-, on this application the Judge Family Court vide order dated 17.02.2021 issued recovery warrant against the revisionist; that, after serving with the recovery notices the revisionist came to know about the order passed under Section 125(3) of Cr.P.C.; that, the revisionist immediately filed an application under Section 126(2) of Cr.P.C. for recalling/set-aside the ex-parte order dated 04.10.2019, which was registered as Misc. Case No.89 of 2021, but the said case was dismissed for non prosecution by the learned Judge, Family Court vide order dated 13.12.2021, which has been impugned in the present revision.

8. After hearing the learned counsel for the parties and purely in the interest of justice the instant revision is disposed of and the order dated 13.12.2021 is set aside with the direction that the revisionist will pay Rs.1 lakh within a period of ten days from today to the respondent/wife and shall continue to pay monthly maintenance as has been directed by the Judge Family Court vide order dated 04.10.2019 on 10th of every month.

9. Since the matter is old one, therefore, the Judge, Family Court is requested to decide the application within a period of two months, as per law.

(Alok Mahra, J.) 28.02.2025 BS