Osama vs State Of Uttarakhand And Another

N.S. Dhanik, J

This criminal revision has been preferred by the revisionist to allow the revision by setting aside the impugned order dated 29.01.2020 passed by the

Judge, Family Court, Kotdwar, Pauri Garhwal in Misc. Criminal Case No. 45 of 2019, “Sahista vs. Osamaâ€​ under Section 125 Cr.P.C.

Learned counsel for the revisionist limits her prayer only to the extent that the matter may kindly be remanded back to the lower Court with a

direction that the matter may be decided afresh after giving fresh opportunity of hearing to the revisionist as well as to the respondent no. 2 and the

court below may decide the aforesaid case as expeditiously as possible.

Learned State Counsel as well as learned counsel for the respondent no. 2 does not seriously object to the prayer made on behalf of the revisionist.

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) Fresh opportunity of being heard shall be given by the lower Court to the revisionist as well as to the respondent no. 2 herein.

((iii) Till the final disposal of the aforesaid case by the Court below, the revisionist shall pay a sum of Rs. 5,000/-per month to the respondent no. 2.

(iv) 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.