SANJAY BALMIKI Vs. SUSHILA SANJAY

JUDGEMENT

(1.) THIS criminal revision, preferred by the revisionist under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr. P. C.) r/w Section 19 (4) of the Family Courts Act, 1984, is directed against the order dated 26. 03. 2003 passed by Family Judge, Family Court, Hardwar in Misc. Case No. 11 of 2003, whereby the learned Family Judge has awarded interim maintenance @rs. 1,000/- p. m. to the Respondent No. 1 from 11. 10. 2002 and the ex-parte order dated 11. 10. 2002 was modified with cost of Rs. 100/- by which the revisionist was directed to pay Rs. 2,000/- per month as interim maintenance.

(2.) THE case of the revisionist, in brief, is that Respondent No. 1-Smt. Sushila moved an application u/s 125 of Cr. P. C. before Family Court, Hardwar for interim maintenance. The learned Family Judge, Family Court, Hardwar vide his ex- parte order dated 11. 10. 2002 awarded interim maintenance at the rate of Rs. 2,000/- per month to Respondent No. 1 against the revisionist. Thereafter, the revisionist moved an application on 10. 2. 2003 for recall of the order-dated 11. 10. 2002. The learned Family Judge, Family Court, Hardwar after perusing the entire facts and circumstances of the case vide his order dated 26. 3. 2003, on the joint consent of both the parties, modified his earlier ex-parte order dated 11. 10. 2002 with cost of Rs. 100/- and directed that the revisionist shall pay Rs. 1,000/- per month as interim maintenance to Respondent No. 1. The revisionist was further directed to pay the arrears within three months and the amount of interim maintenance for the coming month was directed to be paid by the 10th of next month. Against the said order dated 26. 3. 2003, the revisionist has preferred the present revision before this Court.

(3.) A counter affidavit has also been filed on behalf of Respondent No. 1 in which the averments made in the revision have been denied.