Anshul Kumar vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Present Criminal Revision has been filed against the ex-parte judgment dated 10.01.2022, passed by learned Judge, Family Court, Nainital in Miscellaneous Criminal Case No.33 of 2021, “Smt. Kushika Sharma vs. Anshul Kumar”, by which, the revisionist – opposite party, husband of the respondent no.2, has been directed to pay a monthly allowance for the maintenance of the respondent no.2 at the rate of Rs.25,000/- per month from the date of the judgment. On 27.05.2022, revisionist was directed by the coordinate Bench of this Court to pay Rs.10,000/- per month to the respondent no.2 – wife.

Heard Mr. Sharang Dhulia, learned counsel for the revisionist, Mr. P.S. Uniyal, learned Brief Holder for the State and Mr. R.P. Nautiyal, learned Senior Advocate assisted by Mr. Lalit Sharma, learned counsel for the respondent no.2.

Mr. Sharang Dhulia, Advocate, has submitted that in the said miscellaneous case, filed under Section 125 of the Code of Criminal Procedure, 1973 (for short, ‘the Code’), ex-parte order was passed on the basis of the publication. Mr. Sharang Dhulia, Advocate has further submitted that in compliance of the order of coordinate Bench dated 27.05.2022, revisionist is paying Rs.10,000/- per month to the respondent no.2.

Mr. Sharang Dhulia, Advocate, has requested to remand the case to the Judge, Family Court to decide the said case, filed under Section 125 of the Code, on merit within stipulated time. He further submitted that till the disposal of the Original Application, filed under Section 125 of the Code, the revisionist will pay Rs.10,000/- per month regularly to the respondent no.2 by the 7th of each month.

Mr. R.P. Nautiyal, learned Senior Advocate, has not opposed the said submissions of Mr. Sharang Dhulia, Advocate.

Under the said circumstances, the present Criminal Revision (No.260 of 2022) is allowed. Impugned ex-parte judgment dated 10.01.2022, passed by learned Judge, family Court, Nainital is set-aside. The present matter is remanded back to the Family Court concerned to decide the Original Application, filed under Section 125 of the Code, within three months from the date of receipt of the certified copy of this order. Revisionist is directed to pay Rs.10,000/-per month regularly to the respondent no.2 – Smt. Kushika Sharma by the 7th day of every month till the said Application is decided.