Uttarakhand High Court

CRLR/265/2024 on 2 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office Notes, reports,
                   orders or proceedings
SL.
No.
         Date        or directions and                       COURT'S OR JUDGE'S ORDERS
                   Registrar's order with
                         Signatures
      02.05.2025                            CRLR NO. 265 of 2024

                                            Hon'ble Vivek Bharti Sharma, J.

Mr. M.S. Bhandari, learned counsel for the revisionist.

2. Present criminal revision is filed by the revisionist order dated 15.02.2024 passed by learned Family Court, Kotdwar Distrdict Parul Garhwal in Criminal Case No. 120 of 2022, whereby the said court has partly allowed the application filed by the respondent under Section 125 Cr.P.C. (the criminal procedure then was) and directed the revisionist/husband to pay the maintenance of `20,000/- per month as maintenance to respondent/wife.

3. Learned counsel for the revisionist/husband would submit that the impugned judgment and order passed by the learned Family Court is legally unsustainable as the revisionist/husband is working as Assistant Teacher in the Uttarakhand Education Department and is presently drawing a monthly salary of ₹64,000/-, however, the learned court below, without proper appreciation of the documentary evidence placed on record, erroneously presumed the salary of the revisionist to be ₹80,000/- per month and awarded an excessive amount of maintenance in favour of the respondent/wife.

He would further submit that the revisionist/husband has regularly depositing the amount of maintenance in the bank account of respondent no.2.

4. Issue notices to respondent through ordinary process and registered post acknowledgment due as well as through e-mail and whatsapp, if available.

5. Steps to be taken within three weeks.

6. List this case on 11.07.2025.

7. Meanwhile, the revisionist/husband is directed to pay the entire arrears of maintenance, if any, as per impugned order dated 15.02.2024 within 30 days from today and keep on paying the maintenance as fixed by the court directly in the account of respondent/wife by 7th day of each month of English Calendar.

(Vivek Bharti Sharma, J.) 02.05.2025 Mamta