Uttarakhand High Court

CRLR/372/2021 on 6 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
No.
         Date
                     directions and                      COURT'S OR JUDGE'S ORDERS
                   Registrar's order
                    with Signatures
      06.05.2025                        CRLR No. 372 of 2021

                                        Hon'ble Vivek Bharti Sharma, J.

Mr. Vikas Bahuguna, learned counsel for the revisionist/husband.

2. Mr. Deepak Bisht, learned Deputy A.G. along with Mr. Prabhat Kandpal, learned Brief Holder for the State.

3. This revision is filed against the impugned judgment and order dated 05.10.2021 passed by learned Judge, Family Court, Kotdwar, District Pauri Garhwal in Misc. Criminal Case No. 36 of 2018, whereby the application under Section 125 Cr.P.C. (the criminal procedure then was) filed by the revisionists was partly allowed and the maintenance of `5,000/- was granted in favour of respondent no.2 and 3; that, the present revision is filed for enhancement of the maintenance amount.

4. Learned counsel for the revisionist/husband would submit that the impugned judgment is legally unsustainable because the trial court allegedly failed to properly consider the evidence on record as the revisionist/husband is employed as a conductor with the Uttarakhand Transport Corporation on a contractual basis and earned monthly salary between ₹8,000 to ₹12,000, whereas, respondent no.2/wife is employed as a teacher in a private school.

However, upon query of the Court, learned counsel for the revisionist/husband would fairly concede that during the cross- examination of respondent no.2/wife, the revisionist/husband was unable to establish that she was employed as a teacher in a private school except a suggestion and no evidence was produced before the trial court to prove that the respondent no.2/wife was working as a Teacher.

5. In view of the above, the revisionist/husband is directed to deposit the entire arrear amount of maintenance as per impugned order dated 05.10.2021 within one month from today. The said amount be deposited by the revisionist/husband directly in the bank account of respondent no.2/wife.

The respondent no.2/wife shall provide her bank details in tabular form stating the name of the account holder, account number, name of the bank, name of the branch, I.F.S.C. Code to the whatsapp No. 9760188836 of the counsel for the revisionist/husband so that the counsel for revisionist/husband is able to provide the details to the revisionist, who shall deposit the amount of maintenance directly in the account of the respondent no.2 and shall keep on paying the maintenance directly in that account of respondent no.2/wife by 7th day of each month of English calendar year as fixed by the court vide impugned order dated 05.10.2021.

6. List this case on 05.08.2025.

(Vivek Bharti Sharma, J.) 06.05.2025 Mamta