KISHORE KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant criminal revision preferred by invoking the provisions contained under Sec. 397 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) to be read with Sec. 19(4) of Family Courts Act; has been preferred by the revisionist putting a challenge to an order passed by the Judge Family Court, Haridwar in Case No.204 of 2021 Smt. Deepika vs. Kishore, whereby while considering an application for the grant of interim maintenance under Sub Sec. (2) of Sec. 125 of Cr.P.C. the learned Family Court had determined the interim maintenance, which has been directed to be made payable at the rate of Rs.5,000.00 per month. Apart from that, the direction has also been issued that the arrears thereof would be determined to be made payable from the date of institution of the application under Sec. 125 Cr.P.C. i.e. 4/8/2021.

(2.) Learned counsel for the revisionist has summarised his grounds for giving challenge to the impugned order dtd. 1/6/2022 on the following grounds:-

(3.) Merely submission of a complaint by raising a set of allegation based upon once own perception, cannot be isolatedly taken as to be a foundation for the purposes of attracting the embargo created by Sub Sec. (4) of Sec. 125 of Cr.P.C. due to allegation of alleged adultery, because any cursory remark, which may amount to be a character assassination has had to be established by evidence on record.