SURESH GIRI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) An application under Section 125 of Cr.P.C. for grant of monthly maintenance allowance was filed by the applicant (respondent no. 2 herein) against her husband (revisionist herein).

(2.) Husband contested the application and filed written statement. After considering the application and written statement, learned Judge, Family Court, Haridwar, allowed the application under Section 125 of Cr.P.C., vide order dated 30.07.2003. Husband was directed to pay a sum of Rs. 1,000/- as monthly maintenance allowance to his wife. The husband was further directed to pay said amount by the 10th of every month. Thereafter, an application under Section 127 of Cr.P.C. for enhancement of monthly maintenance allowance was moved by the wife against her husband. Husband filed objections against said application. After hearing both the sides and having perused the documents brought on record, learned Addl. Judge, Family Court, Roorkee, District Haridwar, allowed the application of the wife filed under Section 127 of Cr.P.C., vide impugned order dated 07.12.2007. The amount of monthly maintenance allowance was enhanced from Rs. 1,000/- to Rs. 2,000/-. Husband was directed to pay enhanced monthly maintenance allowance from the date of passing of the order i.e. 07.12.2007. Aggrieved against the same, present criminal revision was preferred.

(3.) Mr. Pawan Kumar, Advocate (since deceased) moved such criminal revision. When present criminal revision was listed for hearing, notice was directed to be issued to the revisionist to enable him to engage a new counsel. Notice was issued to the revisionist. He was served personally with such notice on 06.08.2013. When criminal revision was again listed for hearing on 28.11.2013, none appeared on behalf of the revisionist. Respondent no. 2 was already served earlier.