Vimmy Kalra And Another vs State Of Uttarakhand And Another

N.S. Dhanik, J

This criminal revision has been preferred by the revisionists challenging the impugned judgment and order dated 27.11.2021 passed by the learned Judge, Family Court Ist, Rudrapur, District Udham Singh Nagar in Misc. Criminal Case No. 202 of 2020, “Smt. Vimmi Kalra and another v. Samrat Bhandula” whereby a total interim maintenance of Rs. 5,000/- per month has been awarded in favour of revisionist no. 1. In the present revision, the revisionists pleased to admit and allow the present criminal revision of the revisionists and to modify the aforementioned impugned judgment and order up to the extent of Enhancement of the interim maintenance and he further pleased to grant at least some reasonable maintenance which amounts to Rs. 20,000/- per month.

Heard learned counsel for the parties.

Learned counsel for the revisionists would submit that very low amount of interim maintenance was granted in favour revisionist no. 1 and no maintenance was granted in the favour of revisionist no. 2 who is minor daughter of revisionist no. 1. He further submits that the second respondent/husband is working as Business Man having a business firm namely “Dot Enterprises” and he earns around Rs. 3,16,410/- from the business but the learned Judge has overlooked the same only.

After arguing at some length, learned counsel for the revisionists limits his prayer only to the extent that the matter may kindly be remanded back to the lower Court for its expeditious disposal, preferably within a period of six months.

Learned counsel for the second respondent has no objection to the prayer sought for the learned counsel for the revisionists.

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, within a period of six months from the date of production of a certified copy of this order.

(ii) Till the final disposal of the case by the Court below, the second respondent shall pay a sum of Rs. 5,000/- per month regularly to revisionist no. 1 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 any application pertaining to the arrears of maintenance, if any, 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.