C528/241/2026

Citation : 2026 Latest Caselaw 1685 UK
Judgement Date : 9 March, 2026

[Cites 7, Cited by 0]

Uttarakhand High Court

C528/241/2026 on 9 March, 2026

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                               C528 No.241 of 2026
                               Hon'ble Alok Mahra, J.

Mr. Pawan Mishra, Advocate for the applicant.

2. According to the applicant, the respondent instituted an application under Sections 12, 16, 17, 18, 19, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 against the applicant and his family members before the Court of IIIrd Additional Chief Judicial Magistrate, Dehradun. The said application was partly allowed vide order dated 20.07.2024, whereby, apart from granting a protection order, the applicant was directed to pay a sum of ₹4,000/- per month towards maintenance to the respondent. It was further directed that in the event the respondent resides in rented accommodation, the expenditure towards rent shall be borne by the applicant. Subsequently, the respondent filed an execution application. The Executing Court, vide order dated 03.06.2025, directed the applicant to pay a sum of ₹53,000/- to the respondent. Aggrieved by the said order dated 03.06.2025, the applicant preferred a Criminal Appeal before the learned Sessions Judge, Dehradun. The learned Sessions Judge, Dehradun, vide judgment dated 31.01.2026, dismissed the said appeal. Hence, the present Criminal Miscellaneous Application.

3. Learned counsel for the applicant submits that a bare perusal of the rent agreement would reveal that the stamp paper on which the said rent agreement has been executed was issued on 09.10.2025, whereas the rent agreement itself is shown to have been executed on 01.06.2025. On the basis of the aforesaid discrepancy, it is contended that the rent agreement is a forged and fabricated document and that the respondent is, in fact, residing with her parents and not in any rented accommodation. Learned counsel for the applicant further undertakes, on behalf of his client, that the applicant shall pay the maintenance amount of ₹4,000/- per month along with the arrears within a period of fifteen days from today.

4. Issue notice to the respondent, returnable at an early date.

5. List the matter after receipt of the service report.

6. In the meanwhile, if the applicant pays the monthly maintenance of ₹4,000/- along with the arrears within fifteen days from today, the effect and operation of the impugned orders dated 03.06.2025 and 31.01.2026, shall remain stayed, till the next date of listing.

(Alok Mahra, J.) 09.03.2026 Arpan