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2015 DIGILAW 291 (UTT)

GURU DUTT v. KAVITA

2015-06-02

U.C.DHYANI

body2015
JUDGMENT U.C. Dhyani, J.(Oral) By means of present criminal revision, the revisionist (husband) seeks to set aside the impugned judgment and order dated 04.12.2014, passed by Addl. Judge, Family Court, Roorkee, District Haridwar, in case no. 192 of 2012, Smt. Kavita and another vs Guru Dutt. 2. An application under Section 125 Cr.P.C. was moved by the respondent-wife alongwith her minor daughter against the revisionist-husband for grant of monthly maintenance allowance in the court of Addl. Judge, Family Court, Roorkee, Haridwar. Revisionist-husband contested said application. 3. After considering the evidence of the parties, trial court vide judgment and order dated 04.12.2014, allowed the application under Section 125 Cr.P.C. in part. Revisionist-husband was directed to pay a sum of Rs. 2,500/- as monthly maintenance allowance to his wife and Rs. 1,500/- as monthly maintenance allowance to his minor daughter. In all, revisionist-husband was directed to pay Rs. 4,000/- per month to his wife and minor daughter. Aggrieved against the same, present criminal revision has been filed by the revisionist-husband. 4. On the other hand, counter affidavit has been filed on behalf of the respondent-wife for enhancement of monthly maintenance allowance. 5. When the criminal revision was taken up for admission on 09.01.2015, a co-ordinate bench of this Court, passed the following order. Relevant portion of the said order is reproduced here-in-under: “Having considered the submissions of the counsel for the revisionist and upon examining the record, it is directed that execution of the impugned judgment and order dated 04.12.2014, passed by Addl. Judge, Family Court, Roorkee, shall remain stayed provided the revisionist pays/deposits Rs. 3,500/- (Rs. three thousand five hundred) per month as maintenance in favour of the respondents before the Judge, Family Court concerned. The monthly maintenance shall be paid on or before 20th of each month. The respondent no. 1 is at liberty to withdraw the amount deposited by the revisionist.” 6.Learned counsel for the respondents stated that the revisionist-husband is not paying anything to her wife and minor daughter. It is also stated that the husband has not even paid a sum of Rs. 2,000/- as to and fro travelling expenses to the respondent-wife to come to Mediation Center of this Court. Mediation took place between the parties, but failed. 7. It is the submission of learned counsel for the revisionist that the interim order directed on 09.01.2015 be made absolute. 2,000/- as to and fro travelling expenses to the respondent-wife to come to Mediation Center of this Court. Mediation took place between the parties, but failed. 7. It is the submission of learned counsel for the revisionist that the interim order directed on 09.01.2015 be made absolute. Learned counsel for the respondents is not averse to the idea of passing the final order in terms of the interim order (with certain modification). She, however, says that although the respondents are entitled to much more than that, but since the revisionist-husband is not paying anything to the respondents, therefore, she is agreeable to such an order in their interest, in the hope that the revisionist will atleast pay Rs. 3,500/- per month as maintenance allowance. The same shall, however, be applicable from the date of filing of application under Section 125 Cr.P.C. 8.The evidence which has been offered on behalf of the parties suggests that the revisionist-husband is a mechanical diploma holder. The court below has assessed his monthly income at Rs. 15,000/-, which does not call for interference, but since learned counsel for the respondents is agreeable even for Rs. 3,500/- per month as (monthly) maintenance allowance to be paid to respondent wife and her minor daughter in the hope that the revisionist-husband will atleast pay this amount to the respondents from the date of filing of application under Section 125 Cr.P.C., therefore, the impugned order is modified to say that the revisionist-husband shall pay Rs. 2,275/- per month to his respondent-wife and Rs. 1,225/- per month to his minor daughter, as maintenance allowance. Said monthly maintenance allowance shall be paid by the revisionist-husband to the respondents from the date of filing of application under Section 125 Cr.P.C. Order accordingly. 9.Criminal revision is, accordingly, allowed in part. The order impugned is modified to the extent that revisionist-husband shall pay Rs. 2,275/- per month to his respondent-wife and Rs. 1,225/- per month to his minor daughter (in all Rs. 3,500/-) as maintenance allowance. Said monthly maintenance allowance shall be paid by the revisionist-husband to the respondent-wife from the date of filing of application under Section 125 Cr.P.C., the arrears of which shall be paid by the revisionist-husband in 18 equal monthly installments, adjusting the remainder in the last installment. [Recall Application no. 801 of 2015 also stands disposed of].