LAWS(UTN)-2022-8-28

MAHATAM BHAGAT Vs. SAVITRI DEVI

Decided On August 17, 2022
Mahatam Bhagat Appellant
V/S
SAVITRI DEVI Respondents

JUDGEMENT

(1.) The challenge in this revision is made to the order dtd. 25/7/2022, passed in Criminal Case No.183 of 2021, Smt. Savitri Devi vs. Mahatam Bhagat, passed by the court of Judge, Family Court-I, Udham Singh Nagar (for short, 'the case'). By the impugned order, an application for interim maintenance filed by the respondent no.1 ('the wife') has been allowed and the revisionist has been directed to pay Rs.7,000.00 per month to the wife as interim maintenance.

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

(3.) It appears that the respondent no.1 ('the wife') filed an application under Sec. 125 of the Code of Criminal Procedure, 1973 (for short, 'the Code') seeking maintenance from the revisionist. According to the wife, she and the revisionist married 30 years prior to filing of the application but, the revisionist solemnized marriage with another woman and deserted the wife and did not take care of her. Initially, the revisionist had agreed to pay Rs.10,000.00 per month as maintenance to the wife but subsequently, he refused to make that payment. According to the wife, she is not able to maintain herself whereas, the revisionist is employed and gets Rs.55,000.00per month salary from Pantnagar University. It is this application during pendency of which an application for interim maintenance was filed, which was objected to by the revisionist. After hearing the parties, by the impugned order the revisionist has been directed to pay Rs.7,000.00per month as an interim maintenance.