Kundan Singh Karki --Revisionist v. State of Uttarakhand and Ors

learned counsel for the revisionist is allowed.

2. By means of the present criminal revision, the revisionist has put to challenge the impugned judgment and order dated 09.10.2023 passed by learned Judge, Family Court, Haldwani, District Nainital in Misc. Criminal Case No.391 of 2022, Kundan Singh Karki Vs. Smt. Chandra Karki and another, whereby, the learned Family Court dismissed the application filed by the revisionist under Section 127 of Cr.P.C. for altering the maintenance amount granted earlier to the respondent Nos.2 and 3.

3. The facts of the case in nutshell are that the revisionist and respondent No.2 were got married on

05.02.2007 as per Hindu Rites and Rituals and out of the said wedlock, respondent No.3-Master Kunal Karki was born. Due to some marital discord between them, the respondent No.2 preferred an application under Section 125 Cr.P.C., registered as Misc. Criminal Case No.129 of 2011 Smt. Chandra Karki and another Vs. Kundan Singh Karki, before the learned Judge, Family Court, District Nainital, which was allowed vide order dated 24.03.2014 1 by directing the revisionist to pay Rs.7,000/- per month as maintenance to respondent Nos.2 and 3. Thereafter, the respondent No.2 filed a Misc. Criminal Case No.158 of 2015 under Section 127 Cr.P.C., in which the learned Court below vide order dated 07.09.2018, enhanced the maintenance amount from Rs.7,000/- to Rs.8,500/- from the date of that order. The revisionist also filed application under Section 127 Cr.P.C., which was rejected by the learned Court below vide order dated 07.09.2018 and he was directed to pay Rs.8,500/- per month to respondent Nos.2 and 3. Aggrieved from the order dated 07.09.2018 passed in Misc. Criminal Case No.158 of 2015, both the revisionist and the respondent No.2 had filed Criminal Revision before this Court being Criminal Revision No.406 of 2019 Kundan Singh Karki Vs. State of Uttarakhand and another and Criminal Revision No.382 of 2018 Smt. Chandra Karki and another Vs. Kundan Singh Karki and another, which were decided by a common judgment dated

10.07.2020, whereby, the revision filed by the revisionist herein dismissed and the revision filed by the respondent Nos.2 and 3 herein allowed and a Coordinate Bench of this Court enhanced the maintenance from Rs.7,000/- to Rs.20,000/- per month (Rs.12,000/-p.m. to be paid to respondent No.2-wife and Rs.8,000/-p.m. to be paid to respondent No.3-minor son) from the date of filing of the application i.e. from 18.06.2015. Against the judgment dated 10.07.2020, the revisionist approached the Hon’ble Supreme Court, however his SLP was dismissed.

4. Learned counsel for the revisionist submits that the revisionist was serving in Indian Army and was discharged from service on medical ground on 28.02.2017 and is getting pension amounting to Rs.23,718/- p.m. and except this pension, he has no other source of income. Therefore, in the changed circumstances, the revisionist 2 filed an application under Section 127 Cr.P.C. before the learned Judge, Family Court Haldwani, Nainital in Misc. Criminal Case No.391 of 2022 Kundan Singh Karki Vs. Smt. Chandra Karki and another, whereby, the said Court vide impugned order dated 09.10.2023 rejected the said application of the revisionist. Thus, the revisionist is before this Court by challenging the impugned order dated

09.10.2023.

5. He further submits that while retiring from the Army Service, the revisionist has been found unfit for civil employment due to physical disability, hence, he is not able to get any job in civil. His medical disability certificate is also annexed as Annexure No.7 to this revision. He also submits that the learned Judge Family Court, Haldwani, District Nainital had rejected the application filed by the revisionist under Section 127 Cr.P.C. in a very cursory manner.

6. It is further contended by learned counsel for the revisionist that the revisionist is having responsibility of his old aged and ailing parents and thus, the amount of maintenance, which is on higher side is liable to be reduced. Further, out of total pension of Rs.23,178/- p.m., maintenance of Rs.20,000/- is apparently excessive and is not in consonance with the facts and circumstances of the case and he had also taken a pension loan and to repay the same, he is paying Rs.8,000/- p.m. as installment. Learned counsel for the revisionist also contends that the revisionist is getting Rs.6360/- due to his disability and that amount is sole basis for survivial of revisionist and demanding the amount from revisionist shows the inhuman behavior of respondent No.2. He also submits that the respondent No.2 is educated and by giving tuitions, is earning sufficiently, thus, the impugned order is based on surmises and conjectures and is not 3 sustainable in the eyes of law.

7. Learned counsel for private respondents submits that the instant revision is not maintainable, as there are no ingredient to challenge the impugned order dated 09.10.2023, as the circumstances have not been changed, which were pleaded and contended by the revisionist in earlier round of litigation in Criminal Case No.149 of 2017 Kundan Singh Karki Vs. Chandra Karki and another, thus, there is no requirement of interference under revisional jurisdiction of this Court. Therefore, the instant revision deserves to be dismissed on this ground alone.

8. I have considered the submissions made by learned counsel for the parties and perused the entire documents available on record as well as the judgment and order impugned in the present criminal revision. The arguments advanced by the learned counsel for the revisionist regarding the failure to consider the financial status of the revisionist, is totally bereft of merit. The amount is quite considerate and therefore, it needs no interference. The reasoning given by the learned Judge, Family Court, Haldwani, District Nainital while dismissing the application of the revisionist under Section 127 Cr.P.C. vide its order dated 09.10.2023, is quite convincing and needs no interference.

9. In view of the above, the present criminal revision is dismissed. PN PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadb e38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE8 1FAE064498483A83D84BDB0F9229D5BF08D 959AC, cn=PREETI NEGI (Pankaj Purohit, J.) 02.07.2025 4