CRLR/602/2019 of AMIT KUMAR SAINI Vs STATE OF UTTARAKHAND

CRLR No. 602 of 2019 With CRMA No. 3185 of 2019

Hon’ble Sharad Kumar Sharma, J.

Mr. Aditya Pratap Singh, Advocate for

the revisionist. Mr. P.S. Bohra, A.G.A. for the State of Uttarakhand.

This Criminal Revision has been filed with Delay Condonation Application No. 3185 of 2019, wherein, the Registry has observed that there is 53 days delay in filing the Revision while giving challenge to the order dated 25[th] May, 2019, by virtue of which, the interim maintenance application, paper No. 5B, as filed by respondent No. 2 for the grant of interim maintenance during the pendency of Misc. Criminal Case No. 144 of 2018, Smt. Ankita Vs. Shri Amit Kumar Saini. The Family Court has granted interim maintenance to the tune of Rs.4,000/- p.m. subject to the condition that the arrears has been directed to be remitted from the date of filing of the application.

This Court is of the view that since the present Criminal Revision is only emanating from an interim arrangement, which is interlocutory in nature not deciding case on merits, which has been made by the Family Court to be maintained during the pendency of the 125 Cr.P.C. application itself., without venturing into the merits of the matter at this stage, this Court while condoning the delay, intends to dispose of the present Criminal Revision itself directing the Family Court to decide the main application under Section 125 of the Cr.P.C. itself within period of three months from today and for the period of three months, the Revisionist would ensure remittance of the interim maintenance as

awarded by the impugned order dated 25[th]May, 2019.

However, as far as direction issued for the payment of the arrears from the date of the application, the effect and operation would remain in abeyance in relation to that part only to the extent that subject to the condition that the revisionist deposits 50% of the total arrears from the date of filing of the application. The said deposit of 50% of amount of arrears of maintenance is directed to be deposited by the revisionist within period of three weeks from the date of the presentation of the certified copy of this order. Subject to the aforesaid observations, the order impugned as far as it is related to the determination of interim maintenance that is not being interfered with on merits.

Dated 17.10.2019 Shiv

(Sharad Kumar Sharma, J.)