Mansoor Ali vs State Of Uttarakhand And Others

N.S. Dhanik, J

This criminal revision has been preferred by the revisionist challenging the interim maintenance order dated 30.04.2022, passed by the Learned Judge, Family Court, Haldwani, District Nainital, in Misc. Application No.235 of 2021, “Afroj and another vs. Mansoor Ali”, under Section 125 CrPC, whereby interim maintenance of Rs. 4,500/- and Rs. 3,500/- per month was awarded in favour of the respondent no.2/wife and respondent no.3/daughter, respectively.

Heard learned counsel for the parties.

Learned counsel for the revisionist would submit that the interim maintenance has been imposed on the revisionist without considering his assets income and liabilities and he is unable to pay such a higher amount to the 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. 3,500/-and Rs. 2,500/- per month regularly to the respondent nos. 2 and 3, respectively, 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.

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.