Bhavishya Mehta vs State Of Uttarakhand And Others

N.S. Dhanik, J

Heard learned counsel for the parties.

There is 58 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 set-aside the ex-parte order dated 14.10.2019 passed by the learned Family Judge, District Haridwar in Case No. 154 of 2019, "Smt. Preeti Mehta & others vs. Bhavishya Mehta" whereby the Court below has partly allowed the application under Section 125 Cr.P.C. and awarded the maintenance of Rs. 10,000/- per month to the respondent no. 2 and Rs. 8,000/- per month to the respondent no. 3 and Rs. 8,000/- per month to the respondent no. 4 (total Rs. 26,000/-per month to the respondent nos. 2, 3 & 4 herein).

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 document in respect of the salary of the revisionist may be considered by the Court below and a fresh opportunity of being heard should be given to the revisionist as well as to the private respondents.

Prayer is innocuous.

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 as expeditiously as possible in accordance with law.

(ii) The lower Court may also consider the document in respect of the salary of the revisionist.

(iii) Fresh opportunity of being heard shall be given by the lower Court to the revisionist as well as to respondent nos. 2, 3 & 4 herein.

(iv) Till the final disposal of the aforesaid case by the Court below, the revisionist shall pay a sum of Rs. 9,000/- per month to the respondent no. 2, Rs. 7,500/-per month to the respondent no. 3 and Rs. 7,500/- per month to the respondent no. 4 (Total Rs. 24,000/- per month to the respondent nos. 2, 3 & 4). 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.

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