JUDGMENT

Lok Pal Singh, J. - The present Criminal Revision has been filed with the delay of 285 days. Despite the opportunity granted to the respondents, objection has not been filed yet. The delay of 285 days has been explained sufficiently. Consequently, the delay is condoned and the Delay Condonation Application is allowed.

2. Learned counsel for the parties are agreed that both the criminal revisions be disposed of at admission stage.

3. Heard learned counsel for the parties on merit.

4. The Criminal Revision No.331 of 2020 has been filed for quashing of the impugned order dated 20.12.2020, wherefore, the Criminal Revision No.143 of 2020 has been filed for enhancement of the maintenance.

5. The factual matrix of the present case is that first husband (Anup Kumar Srivastava) of Shivangi Yadav met an accident and thereafter he passed away left behind his son Kaustubhkant. Having considered the fact that Pradeep Kumar Yadav is widower and Shivangi Yadav is widow. They decided to get marry as per Hindu Rites and Rituals. The revisionist Pradeep Kumar Yadav has the liability of son of Smt. Shivangi Yadav, from the first husband, has now completed the degree of MBBS but he refused to take the responsibility of her son Kaushtubhkant.

6. Some matrimonial discord between the revisionist and respondent no.2 arose and they are living separately. The respondent no.2 filed an application under Section 125 of Cr.P.C. The learned Additional Judge, Family Court, Dehradun vide its judgment and order dated 20.12.2019 allowed the application under Section 125 of Cr.P.C. in ex parte manner and directed the revisionist to pay an amount of Rs.20,000/- per month as maintenance to the respondent no.2.

7. Learned counsel for the parties would submit that there are chances of amicable settlement between the revisionist and respondent no.2. Having considered the fact that the application under Section 125 of Cr.P.C. has been decided ex parte by the impugned judgment and order dated 20.12.2019 as well as there are chances of amicable settlement between the parties. The impugned judgment and order dated 20.12.2020 is hereby set aside. The matter is remanded back to the learned Additional Judge, Family Court, Dehradun to make an effort for amicable settlement between the parties. In case, there is no chance of reconciliation between the parties then the court below shall proceed to decide the application under Section 125 of Cr.P.C. in accordance with law.

8. Accordingly, both the criminal revisions are disposed of with a direction that the Trial Court shall make an endeavour to decide the case expeditiously. It is further directed that the revisionist Pradeep Kumar Yadav shall pay an amount of Rs.50,000/- to his wife within one month from today.