Prem Singh v. Sunita

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

CRLR/757/2024 Prem Singh --Revisionist Versus Sunita --Respondent Hon'ble Alok Mahra, J.

Mr. Niranjan Bhatt, learned counsel for the revisionist.

Mr. Manoj Kumar, learned counsel for the respondent through video conferencing.

¶2By means of the present Criminal Revision, the revisionist has challenged the judgment and order dated

21.09.2024 passed by the learned Sessions Judge, Uttarkashi in Criminal Appeal No. 28 of 2024, Smt. Sunita vs. Prem Singh and Others, whereby the learned Sessions Judge partly allowed the appeal and directed the revisionist to provide residential accommodation to the respondent. It was further directed that, in the event the revisionist failed to provide such residential accommodation, he would pay a sum of Rs. 10,000/- per month towards residential expenses. The revisionist was also directed to pay a sum of Rs. 10,000/- per month towards maintenance.

¶3By the impugned order, the revisionist was directed to pay Rs. 10,000/- per month towards residential expenses in case of failure to provide residential accommodation and a further sum of Rs. 10,000/- per month towards maintenance. Subsequently, vide order dated 07.11.2024, a Co-ordinate Bench of this Court modified the maintenance amount payable by the revisionist from

Rs. 10,000/- per month to Rs. 7,000/- per month.

¶4Learned counsel for the revisionist submitted that the revisionist has already provided residential accommodation to the respondent. Therefore, in view of the order dated

07.11.2024 passed by the Co-ordinate Bench of this Court, the revisionist is liable to pay only Rs. 7,000/- per month towards maintenance.

¶5Yesterday, learned counsel for the respondent sought time to obtain instructions in the matter.

¶6Today, on instructions, learned counsel for the respondent fairly submitted that the revisionist has provided residential accommodation to the respondent. However, it is submitted that certain arrears of monthly maintenance are still outstanding.

¶7Learned counsel for the revisionist submitted that the respondent has been provided residential accommodation and, in support thereof, has placed on record copies of the sale deed executed in favour of the respondent as well as water and electricity bills. It is, therefore, contended that the direction requiring payment towards residential expenses no longer survives.

¶8Having heard learned counsel for the parties and considering the material available on record, this Court finds that the revisionist has complied with the direction relating to the provision of residential accommodation to the respondent. Consequently, the direction requiring payment of Rs.10,000/- per month towards residential expenses ceases to operate, and the monthly maintenance shall remain Rs.7,000/- per month instead of Rs. 10,000/-. The impugned judgment and order stands modified to the aforesaid extent. The

revisionist shall continue to pay maintenance at the rate of Rs.7,000/- per month on or before the 10th day of every month. Needless to observe, any arrears of maintenance, if outstanding, shall be cleared by the revisionist in accordance with law.

¶9Accordingly, the Criminal Revision is partly allowed. The impugned judgment and order dated 21.09.2024 stands modified to the aforesaid extent.

¶10Pending applications, if any, also stand disposed of.

(Alok Mahra, J.) 30-07-2026 SB

SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c 12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BE D00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.31 11:38:15 +05'30'