Harish Singh Matiyali vs State Of Uttarakhand And Others

N.S. Dhanik, J

This criminal revision has been preferred by the revisionist challenging the impugned order dated 25.02.2022 passed by the Judge Family Court Haldwani, Nainital in Criminal Case No. 44 of 2021, “Smt. Rekha Matiyal @ Rekha and others v. Harish Singh Matiyali” whereby a total interim maintenance of Rs. 18,000/- per month has been awarded in favour of respondent nos. 2 to 4.

Heard learned counsel for the parties.

Learned counsel for the revisionist would submit that the revisionist is serving in a Government Inter College as a Fourth Class Employee and he was appointed in a die-in-harness case after the death of his father and he got the present job under the condition and liability of his old mother and illiterate & unemployed brother and after fulfillment of his liability towards his old mother and unemployed brother, he is unable to pay such a higher amount to respondent nos. 2 to 4 as interim maintenance.

After arguing at some length, he limits his prayer only to the extent that the matter may kindly be remanded back to the lower Court for its expeditious disposal.

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 without being prejudiced, as expeditiously as possible.

(ii) Till the final disposal of the case by the Court below, the revisionist shall pay a total sum of Rs. 12,000/-per month regularly to respondent nos. 2 to 4 before 10th of every month and without any break from the date of this order. 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.

(iii) Needless to say that the interim maintenance modified herein would have no effect on the merits and the Court below is at liberty as given above.

Needless to say that any application pertaining to the arrears of maintenance, if any, 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.