Neeshu Chauhan vs State Of Uttarakhand And Others

N.S. Dhanik, J

This criminal revision has been filed by the revisionist challenging the order dated 21.08.2018 passed by Judge, Family Court, Haridwar in Case No. 287 of 2016, "Smt. Pooja Chauhan v. Neeshu Chauhan" whereby a total interim maintenance of Rs. 15,000/- (Rs. 10,000/- for the second respondent and Rs. 5,000/- for the third respondent) has been awarded. In the present revision the revisionist seeks the following relief:-

i) Issue a writ, order or direction quashing the order dated 31.01.2018 passed by the learned Family Judge, Haridwar in Case No. 287 of 2016, "Smt. Pooja Chauhan v. Neeshu Chauhan" under Section 125 Cr.PC read with Section 7(च) of Family Court Act.

On 26.10.2018, the Co-ordinate Bench of this Court had passed the following order:

"In the meantime, the maintenance as already awarded to the daughter @ Rs. 5,000/- p.m. by the Family Judge Haridwar would not be disturbed and would be continued to be paid during the pendency of the writ petition. However, as far as maintenance @ Rs. 10,000/-to the wife is concerned, the same would be payable by the petitioner @ Rs. 7,000/- p.m. instead of Rs. 10,000/- p.m. during the pendency of the writ petition. As far as arrear is concerned, which the court has awarded from the date of the application, for the time being, the same is kept in abeyance."

Heard learned counsel for the parties.

Learned counsel for the revisionist would submit that revisionist (husband) is ready to pay Rs. 12,000/- per month as maintenance as well as the arrears awarded from the date of application to the second respondent (wife) and third respondent(minor daughter) as already directed vide this Court's order dated 26.10.2018. He is also agreed to pay the arrears thereof in six equal installments.

Learned counsel for the second respondent has no objection if the revisionist is ready pay Rs. 12,000/- per month as maintenance as well as the arrears awarded from the date of order to the second respondent and the third respondent as per the said order dated 26.10.2018.

Considering the submissions advanced by the learned counsel for the parties and in terms of the order dated 26.10.2018 passed by this Court, the present criminal revision is disposed of with a direction that till the final disposal of the said Case No. 287 of 2016 pending before the Family Court, Haridwar, the revisionist (husband) shall pay a sum of Rs. 12,000/- per month as per order dated 26.10.2018 mentioned hereinabove and shall also pay the arrears awarded by the Court below in six equal installments from the date of production of certified copy of this order.

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