Uttarakhand High Court
Lokesh Kaushik vs Smt. Laxmi Sharma on 29 May, 2015
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Miscellaneous Application No. 628 of 2015
(Under Section 482 of Cr.P.C.)
Lokesh Kaushik ........ Applicant
Versus
Smt. Laxmi Sharma ...... Respondent
Hon'ble Sudhanshu Dhulia, J. (Oral)
1. Heard Mr. Manish Arora, Advocate, for the applicant and Mr. Navneet Kaushik, Advocate, for the respondent.
2. An application has been filed by the wife/respondent under Section 125 of Cr.P.C. for maintenance in which an interim maintenance of `15,000/- (Rupees Fifteen Thousand Only) was awarded to the wife and their two children, which shall be payable from the date of filing of the application i.e. since 31.07.2014.
3. According to the applicant no reason has been assigned by the court below as to why the maintenance has been given from the date of application and secondly the maintenance is on the higher side, considering that the applicant is a teacher and his monthly salary is about `32,000/- (Rupees Thirty Two Thousand Only). The matter is being vehemently opposed by the learned counsel for the respondent Mr. Navneet Kaushik.
4. A limited interference is called for in the matter.
5. The monthly interim maintenance of `5,000 each (i.e. wife and her two children) is reduced to `4,000/- (Rupees Four Thousand Only) each. Meaning thereby the applicant shall give `12,000/- per month (in total) from the 2 date of filing of the application under Section 125 of Cr.P.C. Order dated 06.05.2015 is modified to that extent.
6. It is however made clear that this interim order shall only be brought into effect, if the applicant pays the entire accumulated arrears within a period of one month i.e. on or before 30.06.2015.
7. Four weeks time is granted to the respondent to file counter affidavit.
8. List this matter after four weeks on 01.07.2015 in a daily cause list.
(Sudhanshu Dhulia, J.) 29.05.2015 Ankit