GANESH DUTT PALARIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Challenge in this revision is to the order dated 05.01.2021 passed in Misc. Criminal Case No. 355 of 2019 'Smt. Tara Palaria and others Vs. Ganesh Dutt Palaria by the learned Family Judge, Haldwani.

(2.) Respondent nos. 2 to 5 filed an application for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (in short 'the Code') in the court of leaned Family Judge, Haldwani which was registered as Misc. Criminal Case No. 385 of 2015, 'Smt. Tara Palaria and others vs. Ganesh Dutt Palaria (for short 'the case'). It may be noted here that respondent no.2 is the wife of revisionist and respondent nos. 3, 4 and 5 are their children. The case was decided on 09.08.2019 ex parte. The revisionist has been directed to pay Rs. 16,000/- per month as maintenance to all the four claimants. It appears that an application for recovery of the maintenance due was filed by the respondent nos. 2 to 5, which is basis of the Misc. Criminal Case No. 355 of 2019, 'Smt. Tara Palaria and others vs. Ganesh Dutt Palaria' in the court of learned Family Judge, Haldwani, in which the impugned order has been passed.

(3.) Notice was issued to the revisionist as to why the amount may not be recovered. The revisionist also submitted his objections. In his objection, the revisionist recorded that he had already filed an application for setting aside the ex parte order passed in the case, and till such application is decided, recovery may not be made. By the impugned order dated 05.01.2021, the learned court below issued process for recovery of the arrears of the maintenance. Revisionist is aggrieved by it.