Jasbeer Singh vs Sukhraj Kaur And Others

N.S. Dhanik, J

This criminal revision is preferred by the revisionist challenging the judgment and order dated 18.11.2021 passed by the learned Judge, Family Court Haridwar District Haridwar in Misc. Case No. 328 of 2019, “Smt. Sukhraj Kaur and others vs. Sri Jasbeer Singh” whereby the family Court below had rejected the Application No. 54-B dated 14.07.2021 filed by the revisionist for the purpose of seeking amendment in the interim maintenance order dated 28.02.2020.

Heard learned counsel for the parties.

Despite sufficient service, respondent nos. 2 & 3 are not present before this Court.

Learned counsel for the revisionist would submit that respondent nos. 2 & 3 who now became major and therefore they are not entitled to get maintenance either as interim or final from the revisionist. However, the learned Family Court has not considered the evidence on record and did not modify the interim maintenance order in respect to respondent nos. 2 & 3.

After arguing at some length, learned counsel for the revisionist limits his prayer only to the extent that the matter may be remanded back to the learned Court below to decide the matter afresh in the light of the Annexure Nos. 1 & 2 as annexed with this criminal revision for its fair disposal.

Learned State Counsel has no objection to the prayer sought for by the learned counsel for the revisionist.

Considering the submissions advanced by the learned counsel for the parties, the judgment and order dated 18.11.2021 passed by the learned Judge, Family Court Haridwar District Haridwar in Case No. 328 of 2019, “Smt. Sukhraj Kaur and others vs. Sri Jasbeer Singh” is hereby set aside and the matter be remanded back to the Court concerned with the following directions:

(i) The trial Court is directed to consider all the facts and after hearing both the parties, decide the matter afresh in the light of the Annexure Nos. 1 & 2 as annexed with this criminal revision, as expeditiously as possible, as per law, preferably within a period of three months.

(ii) Fresh opportunity of being heard shall be given by the lower Court to the concerned parties.

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