LAWS(UTN)-2022-9-90

SHANTANU AGARWAL Vs. STATE OF UTTARAKHAND

Decided On September 21, 2022
Shantanu Agarwal Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) The challenge in this revision is made to the order dtd. 3/8/2022, passed in Case No.194 of 2020, Smt. Nishi vs. Shantanu, by the court of Judge, Family Court, Haridwar, District Haridwar (for short, "the case"). By the impugned order, an application for interim maintenance, filed by the respondent no.2, Smt. Nishi for herself and for her son, the respondent no.3, Aaransh has been allowed and the revisionist has been directed to pay '10,000/- to the respondent no.2, Smt. Nishi and '5,000/- to the respondent no.3, Aaransh as an interim maintenance to be paid from the date of filing of the application.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The record reveals that the respondent no.2 has filed an application seeking maintenance from the revisionist under Sec. 125 of the Code of Criminal Procedure, 1973 (for short, "the Code") for herself and her son, the respondent no.3. That is how the case was instituted. In that case an application for interim maintenance have been filed on the ground that after marriage, the respondent no.2 was harassed and tortured for the additional demand of dowry. She has been staying separate from the revisionist. She is not able to maintain herself whereas, the revisionist is a person of means. This application was objected to by the revisionist on the ground that the revisionist never harassed or tortured or deserted his wife. The respondent no.2, on her own, is staying separate. Marriage is admitted. It is also admitted that the respondent no.2 and the revisionist has a child.