GULBAHAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision has been preferred by the husband (revisionist herein), challenging the two orders, that is, the initial order dated 6th November 2017, as passed by the learned Family Court, Kashipur, District Udham Singh Nagar, whereby while considering the Miscellaneous Criminal Case No. 393 of 2016, Km. Shabnoor v. Gulbahar, the learned Family Court has directed the revisionist-husband to remit a sum of Rs. 10,000/- each month as an interim maintenance to the respondent No. 2 (wife).

(2.) Since the said amount was not remitted to the respondent No. 2 (wife), by the revisionist, she was constrained to file an application paper No. 19 (ga) before the learned Family Court for a direction to CMO for directing for making deduction of the said maintenance as has been determined by the Court on 06.11.2017, from the salary of the revisionist-husband itself and consequently, the learned Family Court has passed an order dated 9th July 2018, directing the CMO, Rudraprayag to make the deductions from the salary, (i.e. @ Rs. 10,000/- per month) at source from the salary of the revisionist-husband and remit the same to the respondent No. 2 (wife) in her account standing in Punjab National Bank, branch Kashipur, District Udham Singh Nagar. It is these two orders, which are under challenge before this Court in the instant revision, which has been preferred by the revisionist-husband, with delay of 227 days.

(3.) As far as the delay is concerned, the revisionist has assigned the reasons in the Delay Condonation Application, from the viewpoint that he was unable to contact his counsel in order to seek an appropriate advice for the redressal of his grievance against the impugned orders. On account of an inappropriate legal advice being extended to him, he was earlier not in a position to file a revision against the impugned orders, by virtue of which interim maintenance has been determined by the learned Family Court to be remitted by him to the tune of Rs. 10,000/- per month to the respondent-wife.