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2005 DIGILAW 56 (UTT)

Atul Bansal v. State of Uttaranchal

2005-03-01

B.C.KANDPAL

body2005
JUDGMENT Hon'ble H.C. Kandpal, J. -This revision has been filed against the order dated 24.4.2003 passed by Judge, Family Court, Dehradun in Case No. 706 or 2002 Smt. Gunjan & others v. Atul Bansal under Section 125 Cr.P.C. 2. By way of interim impugned order the Judge, Family Court, Dehradun directed the petitioner to pay an amount of Rs. 10,000/- per month as interim maintenance to the opposite parties No.2 and 3. 3. This order was challenged by way of the revision before this Court and this Court while admitting the same directed the petitioner to pay the interim maintenance allowance to the tune of Rs. 3,000/- (Rupees three thousand only) per month to the opposite parties No.2 and 3. 4. Sri Arvind Vashisth learned counsel for the opposite parties No.2 and 3 raised a preliminary objection that this revision is not maintainable as the same has been preferred against an interlocutory order. 5. I do not find any force in the argument advanced by learned counsel for the opposite parties as the impugned order is not an interlocutory order but an interim order and the same has substantially affects the right of one of the parties. 6. After hearing the arguments advanced by the learned counsel for the parties, I further do not find any impropriety or illegality as well as any error of jurisdiction in the impugned order passed by the lower court. 7. I do not find any ground for interference at this stage by way of the present revision. 8. The revision being devoid of any merit is liable to be dismissed. 9. Accordingly, revision is dismissed. 10. However, it is directed that the lower court shall decide the petition under Section 125 Cr.P.C. within a period of 2 months from the date of receipt of certified copy of this order. 11. The petitioner shall continue to pay an amount of Rs.7,3,000/- (Rupees three thousand only) per month to the opposite party No.12 and 3 till the disposal of the petition under Section 125 Cr.P.C. by the trial Court. 12. However, the observations made by this Court shall not affect the merit of the case in any manner.