Azhar vs State of Uttarakhand - 2023 Supreme(UK) 294

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 294

RAVINDRA MAITHANI
Azhar – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Revisionist :Mr. G.C. Lakhchaura, Advocate
For the Respondent:Mr. B.P.S. Mer, Mr. Gaurav Kandpal, Advocate

JUDGMENT :

Ravindra Maithani, J.

The challenge in this revision is made to judgment and order dated 25.06.2022, passed in Misc. Criminal Case No. 144 of 2020, Smt. Sartaj & another v. Azhar, by the court of Judge, Family Court, Kashipur, District Udham Singh Nagar. By it, the revisionist has been directed to pay Rs. 3,000/- to respondent no. 2/wife.

2. In fact, when this matter was heard initially on 14.10.2022, the Court passed the following orders :-

“Learned counsel for the revisionist would submit that the amount of maintenance is on higher side. It is submitted that the revisionist is a barber. He has been directed to pay the maintenance from the date of filing of the application i.e. 15.10.2020. It is argued that during Covid-19 pandemic, there was lockdown and the revisionist did not earn anything, therefore, at lease the maintenance should have been awarded from the date of passing of the order.

Having heard, this Court is of the view that to the limited extent of examining as to whether the maintenance should be awarded from the date of filing of the application or from the date of passing of the order, the matter needs to be examined.

Issue notice to the private respondent.

Step

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