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High CourtsSingle Bench(2020) 12 UK CK 0028

Pramila Devi vs Shyam Singh

Uttarakhand High Court · Decided on 11 December 2020

HON’BLE JUDGES
N.S. Dhanik, J
RESULT
Disposed Of
CASE NUMBER
Delay Condonation Application No. 1304 Of 2013 In Criminal Revision No. 235 Of 2013
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Judgment

20 paragraphs · 353 words

N.S. Dhanik, J

1.

There is 09 days’ delay in filing the present criminal revision, which is not seriously opposed by learned counsel for the respondent.

Consequently, delay condonation application is allowed and the delay in filing the criminal revision is condoned.

2.

Admit.

3.

This criminal revision has been preferred by the revisionist to set-aside the impugned judgment and order dated 24.05.2013 to the extent of granting

meager maintenance to revisionist and further to enhance the maintenance amount.

4.

During the course of hearing, learned counsel for the revisionist as well as learned counsel for the respondent confined their prayer only to the

extent that the matter may kindly be remanded back to the lower Court with a direction that the Court below may give a fresh opportunity of being

heard to the revisionist as well as to the respondent. It is also prayed that since the matter relates to the year 2006, the facts and circumstances of the

case are changed, therefore, liberty may be granted to them to move an application under Section 127(3) Cr.P.C. before the trial Court and the trial

Court may consider the same and pass afresh orders.

5.

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 respondent.

(iii) Learned counsel for the parties will be at liberty to move an application under Section 127 (3) Cr.P.C. before the trial Court and the trial Court

shall consider the same and pass afresh order, in accordance with law. Needless to say, that this order shall not affect the merits of the case before

the Court below.

(iv) The learned Court below is also directed not to grant any unnecessary adjournments to either of the parties.

6.

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