CRLR/942/2024
2025 Latest Caselaw 367 UK

Uttarakhand High Court

CRLR/942/2024 on 13 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                     COURT'S OR JUDGES'S ORDERS
No
                   Registrar's order with
                        Signatures
      13.05.2025                            CRLR No. 942 of 2024
                                            Hon'ble Vivek Bharti Sharma, J.

Mr. Bhuwan Bhatt, learned counsel for the revisionist/husband.

2. Mr. Akshay Latwal, learned A.G.A. for the State.

3. Mr. Sagar Kothari, learned counsel for the respondent no.2/wife.

4. Heard the learned counsel for the parties.

5. Vide order dated 12.02.2025 the Coordinate Bench of this Court interacted with the parties that there were some possibilities of amicable settlement, consequently, referred the parties for mediation.

6. The Coordinate Bench further observed that since efforts for mediation were underway, therefore, till the next date of listing the revisionist/husband shall continue to pay maintenance to the respondent no.2/wife @ `10,000/- per month and he would clear all the arrears till mediation is over or till the next date of listing. It would be pertinent that vide impugned judgment, the trial court had directed the revisionist/husband to pay maintenance @ `20,000/- per month to the respondent no.2/wife.

The report of the mediation is received and the same reads that after repeated mediation sittings of parties (joint and individual sessions) the parties are not in position to settle their dispute.

7. Learned counsel for the respondent no.2/wife would submit that revisionist/husband has not complied with the order dated 12.02.2025 to pay the maintenance @ reduced rate of `10,000/- per month in view of the mediation being underway and not even cleared the arrears of maintenance.

8. Per contra, learned counsel for the revisionist/husband would fairly concede that neither the maintenance is paid nor the arrears have been cleared by the revisionist/husband. The non- compliance of the directions dated 12.02.2025 of the Coordinate Bench amply shows the contumacious attitude of the revisionist/husband even in compliance of the directions of the Court as the payment of the maintenance @ reduced rate of `10,000/- per month, notwithstanding the judgment to pay of maintenance @ of `20,000/- per month by the trial court.

It is pertinent to note that direction by Coordinate Bench to maintenance at reduced rate of `10,000/- per month, was for the reason that mediation proceedings were underway.

As the mediation has failed and the revisionist/husband has also shown his contumacious attitude by not complying the directions of the Coordinate Bench, the revisionist/husband is directed to pay the complete arrears of the maintenance fixed by the trial court within 15 days and keep on paying the maintenance fixed by the trial court concerned periodically month-wise by 7th day of every month of English calendar in the account of the respondent no2/wife.

9. Learned counsel for the respondent no.2/wife is directed to provide the bank details of her account i.e. Bank Account Number, Name of Bank, Name of Branch & IFSC Code on WhatsApp number of the learned counsel for the revisionist/husband i.e. 9411538321, within 24 hours.

10. List this matter on 31.07.2025.

11. Copy of this order be sent to the trial court concerned for information and the needful, as per law.

(Vivek Bharti Sharma, J.) 13.05.2025 Akash