CRLR/193/2025
2025 Latest Caselaw 3586 UK

Uttarakhand High Court

CRLR/193/2025 on 8 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

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      08.04.2025                       CRLR No. 193 of 2025
                                       Hon'ble Vivek Bharti Sharma, J.

Mr. Bhupesh Kandpal, learned counsel for the revisionist.

2. Mr. Vishesh Srivastav, proxy counsel for Mr. Ramji Srivasatava, learned counsel for respondent.

3. Learned counsel for the revisionist would submit that respondent/wife is a practicing advocate; that, the impugned order is unsustainable in the eyes of law as the respondent/wife took divorce from the revisionist/husband and as per the terms of the compromise, the respondent/wife does not claim any maintenance for the daughter born out to the marriage. However, the respondent/wife filed an application under Section 144 B.N.S.S. for maintenance of the daughter born out of the said wedlock.

4. Learned counsel for the respondent/wife would submit that mother of the child i.e. respondent/wife did not have any right to give up the claim for maintenance of the child in lieu of any lumpsum amount being paid to her. In support of his contention, he would rely upon the judgment of Hon'ble Supreme Court in the case of Ganesh Vs. Sudhir Kumar Shrivastava and Others (2020) 20 SCC 787.

Learned counsel for the respondent/wife seeks and is granted time to file reply/objection on the ground of the revision.

5. List this case on 24.06.2025 for hearing on admission.

6. Meanwhile, the revisionist/husband is directed to keep on paying the interim maintenance to the child/daughter as per order of the trial court.

(Vivek Bharti Sharma, J.) 08.04.2025 Mamta