High Court examined a revision against a Family Court order granting interim maintenance to a Muslim wife. The court declined to interfere as the amount was reasonable but directed the Family Court to ensure speedy disposal via mediation.
Direction to Family Court to mediate and decide application under Section 125 Cr.P.C. within three months.
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CRLR No. 373 of 2019 Hon’ble Sharad Kumar Sharma, J.
Mr. Kundan Singh Negi, Advocate for the revisionist.
Mr. P.S. Bohra, A.G.A. along with Mr. Siddhartha Bisht, Brief Holder for the State.
The present revision has been preferred by the revisionist/husband, whereby, he has challenged the order dated 21.05.2019 as passed by the Family Court, Haridwar, by virtue of which while considering the application paper no. 10A for the grant of interim maintenance the Family Court after considering the fact that the revisionist and the respondent no. 2 they have been married according to the muslim rituals on 18.03.2007, but there is some family dispute, which has arisen on account of which the respondent no. 2 had to file an application under Section 125 of Cr.P.C. before the Family Court, Haridwar, for claiming a maintenance of Rs. 3,000/- per month.
For the said purpose she has contended in the pleading that as far as the revisionist/husband is concerned, he is having a sufficient land and is running a dairy from where his income is pleaded to be atleast Rs. 3 lakhs per month. However, the Family Court at an interim stage, considering the fact that the marriage is still subsisting, had awarded a maintenance of Rs. 3,000/- per month to respondent no. 2.
During the course of arguments, the learned counsel for the revisionist has expressed his desire that he is willing to take back his wife, keep her with herself and discharge his matrimonial obligation.
Considering the said inclination, the Family Court is requested to call upon both the
parties and make an effort for mediation so that they may be brought together in a family, but as far as the grant of interim maintenance is concerned, considering the quantum of amount, which has been awarded, i.e. Rs. 3,000/- per month, being quite reasonable, this Court declines to interfere with the order dated 21.05.2019.
A request has been made by the learned counsel for the revisionist that this Court may also issue an appropriate direction to the Family Court, Haridwar, to consider the application under Section 125 of Cr.P.C. on its own merits as expeditiously as possible so that the controversy between the revisionist and respondent no. 2 may be resolved at the earliest. Considering the intention and the circumstances which are prevailing while dismissing this revision, this Court requests the Family Court, Haridwar, to make an earnest effort for mediation and also to ensure that the application under Section 125 of Cr.P.C. is decided as expeditiously as possible but not later than three months from the date of production of certified copy of this order.
Subject to the above liberty, the revision stands dismissed.
(Sharad Kumar Sharma, J.) 10.07.2019
Pooja
2 issues framed by the court
Whether the interim maintenance awarded to the husband by the Family Court should be interfered with.
Whether the Family Court should be directed to expedite proceedings under Section 125 of Cr.P.C. and undertake mediation.
1 provisions across 1 enactments
Mr. Kundan Singh Negi
Respondent No. 2
Sharad Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
