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2020 DIGILAW 471 (UTT)

NITIN KUMAR GUPTA v. STATE OF UTTARAKHAND

2020-11-20

N.S.DHANIK

body2020
JUDGMENT Hon'ble N.S. Dhanik, J. This criminal revision has been preferred by the revisionist to set-aside the impugned judgment and order dated 07.11.2019 passed by learned Judge, Family Court, Kotdwar, Pauri Garhwal whereby the learned Family Court, Kotdwar, Pauri Garhwal allowed the application of the respondent under Section 125 Cr.P.C. directing the revisionist to pay Rs. 75,000/- to the respondent and two daughters as interim maintenance. 2. Learned senior counsel for the revisionist limits his 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 no. 2. Learned senior counsel for the revisionist also relied upon the judgment of Hon'ble Supreme Court in Criminal Appeal No. 730 of 2020 (arising out of SLP (Crl.) No. 9503 of 2018, “Rajnesh vs. Neha & another". 3. Learned senior counsel for the revisionist submits that revisionist is ready to pay all the outstanding amounts till date @ Rs. 75,000/- per month to the respondent no. 2 within one month from the date of production of certified copy of this order. 4. Learned State Counsel as well as learned counsel for respondent no. 2 does not seriously object to the prayer made on behalf of the revisionist. 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 per the guidelines of the Hon'ble Supreme Court in Criminal Appeal No. 730 of 2020 (arising out of SLP (Crl.) No. 9503 of 2018, “Rajnesh vs. Neha & another", 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 no. 2 herein. (iii) Till the final disposal of the aforesaid case by the Court below, the revisionist shall pay a sum of Rs. 60,000/- per month to the respondent no. 2. However, the arrears/outstanding amount till date be paid to the respondent no. 2 by the revisionist @ Rs. 75,000/- per month. 2 herein. (iii) Till the final disposal of the aforesaid case by the Court below, the revisionist shall pay a sum of Rs. 60,000/- per month to the respondent no. 2. However, the arrears/outstanding amount till date be paid to the respondent no. 2 by the revisionist @ Rs. 75,000/- per month. (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. 6. Let a copy of this judgment be sent to the Court concerned for compliance.