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2020 DIGILAW 551 (UTT)

Rajeev Khatri @ Bittu v. State Of Uttarakhand

2020-12-10

N.S.DHANIK

body2020
JUDGMENT N.S. Dhanik, J. - These criminal revisions are pertaining to matrimonial dispute and have been preferred by the revisionists to set-aside the impugned judgment and order dated 03.01.2020 passed by learned Additional Judge, Family Court, Dehradun in Misc. Criminal Case No. 378 of 2018, "Smt. Deepika Khatri & another vs. Rajiv Khatri" under Section 125 Cr.P.C. The Criminal Revision No. 60 of 2020 is the revision filed by the revisionist/husband, namely Shri Rajeev Khatri and the Criminal Revision No. 45 of 2020 is the revision filed by the revisionist/wife, namely, Deepika Khatri. 2. Since both the revisions are filed against the same judgment and order, hence both the revisions are being decided together. 3. Learned 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 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". 4. Learned counsel for the revisionist submits that revisionist is ready to pay all the outstanding amounts till date in three equal installments @ Rs. 25,000/- per month to the respondent nos. 2 & 3 within three months from the date of production of certified copy of this order. 5. Learned State Counsel as well as learned counsel for respondent nos. 2 & 3 does not seriously object to the prayer made on behalf of the revisionist. 6. Considering the submissions advanced by the learned counsel for the parties, the present criminal revisions are 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, preferably within six months from the date of production of certified copy of this order, 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 nos. 2 & 3 herein. (ii) Fresh opportunity of being heard shall be given by the lower Court to the revisionist as well as to respondent nos. 2 & 3 herein. (iii) Till the final disposal of the aforesaid case by the Court below, the revisionist shall pay a sum of Rs. 22,000/- per month to the respondent nos. 2 & 3. However, the arrears/outstanding amount till date be paid to the respondent nos. 2 & 3 by the revisionist @ Rs. 25,000/- per month in three equal installments within three months from the date of production of certified copy of this order. (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. (v) The learned Court below is also directed not to grant any unnecessary adjournments to either of the parties. 7. Let a copy of this judgment be sent to the Court concerned for compliance.