Ankit Vasudev vs Ratika Sharma & Others

N.S. Dhanik, J

There is 195 days’ delay in filing the present criminal revision. Reasons furnished in the application are found satisfactory. Consequently, delay

condonation application is allowed and the delay in filing the criminal revision is condoned.

Admit.

This criminal revision has been preferred by the revisionist to allow the present criminal revision with cost, impugned order under revision dated

26.08.2019 passed by learned Judge Family Court, Haridwar in Criminal Case No.114 of 2019, “Ratika Sharma vs. Ankit Vasudev†be set-aside,

application under Second Proviso to under Section 125 (1) Cr.P.C. filed by respondent nos. 1 & 2 seeking interim maintenance, be dismissed or in

alternate be directed to be decided afresh after giving opportunity of hearing and filing objection to revisionist.

During the course of hearing, learned counsel for the revisionist limits his prayer only to the extent that the matter may kindly be remanded back to

the lower Court with a direction that the matter may be decided afresh after giving fresh opportunity of hearing to the revisionist as well as to the

respondent nos. 2 & 3. Learned counsel for the revisionist also prays that the Court below may also give the opportunity to the revisionist for filing the

objections.

Learned counsel for respondent nos. 1 & 2 as well as the learned State Counsel does not seriously object to the prayer made on behalf of the

revisionist.

Considering the submissions advanced by the learned counsel for the parties, the present criminal revision is disposed of with the following

directions:-

(i) The matter is remanded back to the learned Court below to decide the aforesaid case within three months from the date of production of certified

copy of this order, in accordance with law.

(ii) Fresh opportunity of being heard shall be given by the lower Court to the revisionist as well as to respondent nos. 1 & 2 herein.

(iii) The Court below may also give the opportunity to the revisionist for filing objections.

(iii) Till the final disposal of the aforesaid case by the Court below, the revisionist shall pay a sum of Rs. 10,000/- per month to the respondent nos. 1 &

2 from the date of filing of application.

(iv) The learned Court below shall be at liberty to either reduce or enhance the amount of maintenance after hearing learned counsel for both the

parties.

Let a copy of this judgment be sent to the Court concerned for compliance.