Ankur Sharma vs State Of Uttarakhand & Others

N.S. Dhanik, J

This criminal revision has been preferred by the revisionist challenging the impugned judgment and order dated 29.03.2019 passed by learned Judge, Family Court, Roorkee, District Haridwar in Case No. 192 of 2018, “Smt. Vandana & other Vs. Ankur Sharma” under Section 125 Cr.P.C.

Heard learned counsel for the parties.

After arguing at some length, learned counsel for the revisionist limits his prayer only to the extent that the matter may kindly be remanded back to the lower Court for its expeditious disposal and a direction may be given to the concerned Court to decide the matter in the light of the judgment of Hon’ble Supreme Court in the case of Rajnesh vs.Neha (2021) 2 SCC 234.

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 same in the light of the judgment of the Hon’ble Supreme Court in the case of Rajnesh vs.Neha (2021) 2 SCC 234.

(ii) Till the final disposal of the case by the Court below, the revisionist shall pay a sum of Rs. 7,000/- per month regularly to respondent no. 2 and Rs. 8,000/- per month regularly to respondent nos. 3 & 4 before the 10th day of every month and without any break from the date from which the maintenance is awarded by the Court below. However, 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 from such date as the learned Court below deems it fit, in accordance with law.

Needless to say that if any application pertaining to the arrears of maintenance is filed before the Court below, the same shall be disposed of on merits, as per law.

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