IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRLR No. 147 of 2010 Nand Kishore Pant ………..Revisionist Versus Mamta @ Deepa Pant ..…..Respondent. Present: Ms. Pushpa Joshi, Advocate for the revisionist. Mr. Rajesh Joshi, Advocate for the respondent. Date of Decision: 08.09.2010 Hon’ble Sudhanshu Dhulia, J(Oral) Heard Ms. Pushpa Joshi, advocate for the revisionist and Mr. Rajesh Joshi, advocate for the respondent. This criminal revision arises out of an order dated 7.7.2010 which has been passed by Family Court, Udham Singh Nagar, Camp Kashipur in Misc. Criminal Case No.11/2006 Smt. Mamta @Deepa Pant Vs. Nand Kishore Pant under Section 125 of Cr.P.C. There is a finding by the family court that the husband i.e. present revisionist has an earning of Rs.10,000/- per month and since out of the wedlock they have a girl child who is admittedly with the wife a maintenance of Rs.3,000/- per month for the wife and Rs.2,000/- per month for the child was fixed. After filing of this revision vide interim order dated 2.8.2010 a maintenance of Rs.2500/- for the wife and Rs.1500/- for the child i.e. a total maintenance of Rs.4,000/- per month was fixed by this Court. The revisionist says that in compliance of the order dated 2.8.2010 monthly maintenance is being regularly paid. On these set of facts after perusing the record of the case this Court is of the opinion that interest of the justice would serve if the maintenance of Rs.5,000/- fixed by the family court is modified and reduced to Rs.4,000/- per month i.e. Rs.2500/- for the wife and Rs.1500/- for the child. The revisionist is directed to pay a sum of Rs.4000/- per month as determined above on or before the 10th day of every month. The arrears of maintenance which have accumulated so far would be calculated at the rate of Rs.4000/- per month which would somewhere near Rs.2,00,000/- which shall be paid by the revisionist to his wife within a period of six month from today in three installments. It is reiterated that the entire arrears shall be paid on or before 10th March, 2011. It is further clarified that this being a matrimonial dispute and in case the parties reach a settlement the amount already paid by the husband i.e. the revisionist to the wife shall be taken into consideration. It is also clarified that in case of one single default in this payment or in default of payment of accumulated arrears the respondent/wife will be at liberty to initiate fresh proceedings against the revisionist. With these observations, the present revision is partly allowed. No order as to costs. Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J) 08.09.2010 Kuldeep