VISHAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present revision is listed today on the restoration application. Considering that the reasons, which have been assigned in the restoration application, which are satisfactory, the revision is restored to its original number and the delay, which has chanced in filing the revision since too has been satisfactorily explained, the same too would stand condoned.

(2.) The present revision has been preferred by the revisionist challenging the order dtd. 12/12/2018 as rendered by the Family Court, Haridwar, in Miscellaneous Case No. 227 of 2018 'Smt. Chandni and Others vs. Vishal Singh', whereby, she has invoked Sec. 125 of the Cr.P.C. for the grant of her maintenance and maintenance of her two minor children, i.e. a daughter, who is now of 10 years of age, and the son, who is now of 3 years of age.

(3.) In the proceedings before the Court below a finding, which has been recorded in paragraph 3 of the impugned judgment is to the effect that on the initiation of the proceedings under Sec. 125 of Cr.P.C. the notice was issued to the revisionist by registered post, but despite of expiry of period prescribed under the Rules, he had not put in appearance nor the notice sent by the Court was received back. Hence, it would be deemed that the revisionist has been served with the notice as issued by the Family Court, Haridwar. In the application thus preferred by the respondent it was contended that the husband has got a shop of mobile phone and computer accessories called at Mahakali Kutir, Shop No. 5, Opposite Takshshila Main Gate at Mumbai. 3. It has been contended by the wife in the application under Sec. 125 of Cr.P.C. that the husband is earning a sum of about Rs.50,000.00 per month, consequently, looking to the liability of the two children which the respondent wife was accruing on maintenance of the children, the Court has fixed a maintenance of Rs.12,000.00 to be paid to respondent nos. 2, 3 and 4 to the application by the revisionist.