SANJAY DHYANI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These are two connected Criminal Revisions. Criminal Revision No. 160 of 2018, Smt. Kusum and another Vs. State of Uttarakhand and another, has been preferred by the revisionist wife as well as the minor daughter, who have prayed for an enhancement of the maintenance as determined by the Principal Judge, Family Court, Pauri Garhwal vide its judgment impugned dated 05.03.2018, as rendered in Misc. Criminal Case No. 48 of 2016, Smt. Kusum and another Vs. Sanjay Dhyani, whereby, the learned Family Court while determining the application contained under Section 125 of the Cr.P.C. had awarded a maintenance of Rs.5,000/- each to the revisionist No.1 and revisionist No.2 of the present Revision.

(2.) The present Revision was instituted by the revisionist wife on 29th May, 2018, praying for an enhancement on its hearing for admission on 30.05.2018, notices were issued by this Court on 30th May, 2018. Steps were taken by the revisionist and the notices have been served on the respondents No.2, who had put in appearance through his Advocate on 04.02.2019. Questioning the same judgment determining the maintenance @ Rs.10,000/-, (in total) the revisionist of Criminal Revision No. 144 of 2019, Sanjay Dhyani Vs. State of Uttarakhand and others, had also filed a Revision on 29th March, 2019, challenging the judgment of determination of maintenance to the tune of Rs.10,000/- p.m. (in total) in pursuance to the impugned order as aforesaid.

(3.) This Revision, which was preferred by the revisionist husband was with delay of 301 days but that may not have much relevance as of now because the delay has been condoned thereafter by this Court on 31.05.2019 and as a consequence thereto, the Revision was admitted and an interim order was granted to the effect that subject to the condition that the revisionist of Criminal Revision No. 144 of 2019, pays a sum of Rs. 8,000/- p.m. to the respondent No.2, i.e. the wife of Criminal Revision No. 144 of 2019, the remittance of the balance amount as determined by the impugned order was kept in abeyance. The Criminal Revision is also listed today for final hearing.