LAWS(UTN)-2025-4-84

LALIT KUMAR Vs. STATE OF UTTARAKHAND

Decided On April 25, 2025
LALIT KUMAR Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Present criminal revision is filed by the revisionist against the judgment and order dtd. 25/3/2025 passed by learned Family Court Judge, Dehradun, District Dehradun in Criminal Case No. 308 of 2019 of 2024, whereby the said court has partly allowed the application filed by the respondent nos.2 to 4 under Sec. 125 Cr.P.C. (the criminal procedure then was) and directed the revisionist/husband to pay the maintenance of Rs.19,000.00 per month as maintenance to respondent no.2 to 4 i.e. wife and sons of revisionist.

(2.) Learned counsel for the revisionist/husband submit that the impugned judgment and order passed by the learned Family Court, Dehradun is unsustainable in the eyes of law as the same was passed by the concerned without appreciating the facts and evidence on record; that, the revisionist is working as Senior Assistant in Uttarakhand Jal Sansthan and drawing the salary of Rs.49,266.00 per month only and out of this monthly salary he has to pay other expenses including the installments of life insurance policies, cooperative society rent of Rs.26,806.00, therefore, interim maintenance granted by the trial court is on a very higher side.

(3.) On the other hand, learned counsel for respondent nos. 2 to 4 would vehemently oppose the above submissions and would submit that in paragraph no. 8 of the impugned order dtd. 25/3/2025, it has been observed by the learned Family Court, Dehradun that notwithstanding more than sufficient opportunity, the revisionist/husband did not filed the statement of his assets and liabilities; that, in absence of the same, the adverse influence has to be drawn against the revisionist.