IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 138 of 2010 Niranjan mishra @ Niranjan Chaitanya ………..Revisionist Versus Km. Ira & another ..…...Respondents Present: Mr. Neeraj Garg, Advocate for the revisionist. Hon’ble Sudhanshu Dhulia, J(Oral) Mr. Neeraj Garg, Advocate for the revisionist. Heard. Admit. Mr. Tapan Singh, Advocate has accepted notices on behalf of the respondents. The Revisionist has filed the present revision before this Court challenging the order of the family court dated 23.6.2010 passed under Section 125 of Cr.P.C. whereby a maintenance of Rs.5,000/- each has been fixed for the two children who are staying with the wife. The pointed contention of the applicant before this Court is that the maintenance is liable to be given by the husband for only minor child and admittedly in the complaint itself the age of respondent no. 1, namely, Km. Ira even at the time of filing of application was 18 years 4 months, meaning thereby she had attained the majority, and the age of second child i.e. respondent no.2 was 17 years at the time of filing of the application. The order fixing maintenance has been passed on 23.6.2010, meaning thereby by the time the order was passed even the second child had attained majority. Mr. Tapan Singh learned counsel for the respondent states that these are still the disputed questions of fact and nowhere before the court below the husband has made any such objection which are presently being raised before this Court. Be that as it may, this lacuna is evident from the averments made in the complaint before the Family Court itself which is part of this record. However, there could be no dispute regarding the fact that till June, 2010, the second child, namely, Master Parth@ Udit Mishra was liable to get a maintenance. It is, therefore, directed that presently the revisionist shall deposit with the wife a sum of Rs. 60,000/- on or before 5.10.2010. List this matter on 20.10.2010 in the daily cause list. In case the revisionist complies with the order of this Court and deposits the amount of Rs. 60,000/- with the wife on or before 5.10.2010, further recovery pursuant to the order of the Family Court shall not be made against the revisionist. (Sudhanshu Dhulia, J) 14.09.2010 Avneet