Uttarakhand High Court

Hon'Ble Vivek Bharti Sharma vs Kumar" on 6 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office      Notes,
                   reports, orders or
SL.                proceedings     or
         Date                                            COURT'S OR JUDGES'S ORDERS
No                 directions     and
                   Registrar's order
                   with Signatures

      06.05.2025                        CRLR No.68 of 2025
                                        Hon'ble Vivek Bharti Sharma, J.

Mr. Lalit Sharma, learned counsel for the revisionist.

2. Mr. Mahendra Singh Rawat and Mr. Vikas Verma, learned counsel for the respondents.

3. Learned counsel for the revisionist would submit that this revision is preferred against the impugned judgment and order dated 09.12.2024 passed by the learned Judge, Family Court, Uttarkashi, District Uttarkashi in Misc. Criminal Case No.77 of 2024, "Smt. Ruchi Kulshrest & Others Vs. Sanjay Kumar", filed under Section 125 of Cr.P.C. whereby the learned Judge, Family Court, Uttarkashi partly allowed the application for maintenance under Section 125 of Cr.P.C. and directed the revisionist to pay ₹30,000/- per month to respondent no.1 and respondent no.2 each i.e. total ₹60,000/- from the date of filing of application i.e. 20.03.2024.

4. Learned counsel for the revisionist would submit that the judgment and order dated 09.12.2024 passed by the Family Court, Uttarkashi is impertinent in the present facts and circumstances of the case, hence, the same is liable to be set aside.

5. Learned counsel for the respondents would submit that respondent no.2 and 3 are the minor children and the revisionist is employed as Assistant Engineer in Uttarkhand Jal Vidyut Nigam Limited and drawing salary of ₹1,50,000/- per month.

Learned counsel for the respondents would further submit that it has come in the impugned judgment that respondent no.3 is suffering from Hydro Cephulus and has undergone brain surgery three times; that, the competent medical officer has issued disability certificate of 45% to respondent no.3; that, for upbringing and education of respondent no.3 a home tutor has been employed; that, a competent person has also been employed for looking after daily routine of respondent no.3.

6. Learned counsel for the revisionist would submit that the maintenance is being paid by the revisionist in the account of the respondents.

7. In reply, learned counsel for the respondents would submit that arrears of maintenance is not paid and monthly maintenance is also not being paid regularly.

8. The revisionist/husband is directed to pay arrears of the interim maintenance within a period of one month from today and to deposit interim maintenance @ ₹60,000/- per month, as fixed by the Family Court, on 10th day of each English calendar month directly in the bank accounts of the respondents.

9. List this case on 29.07.2025.

(Vivek Bharti Sharma, J.) 06.05.2025 SS