& Anr vs Sundar Singh" Under Section 125 Of ...
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Uttarakhand High Court

& Anr vs Sundar Singh" Under Section 125 Of ... on 30 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                      Office      Notes,
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SL. No      Date                                                   COURT'S OR JUDGES'S ORDERS
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         30.04.2025
                                           CRLR No.230 of 2025
                                           Hon'ble Vivek Bharti Sharma, J.

Mr. T.P.S. Takuli, learned counsel for the revisionist.

2. This criminal revision is preferred against the impugned order dated 28.03.2025 passed by the learned Judge, Family Court, Champawat, District Champawat in Misc. Criminal Case No.91 of 2024 (05/2024) old no.25/2021, "Smt. Shikha & Anr. Vs. Sundar Singh" under Section 125 of Cr.P.C.

3. Learned counsel for the revisionist would submit that the revisionist /husband had filed petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 and the same has been decided in his favour, however, the respondent/wife has preferred an appeal against the same, which is pending before the High Court. However, learned counsel for the revisionist/husband prays for time to apprise himself on the point of law and place it before the Court that if the husband has the decree of restitution of conjugal rights in his favour, albeit, under challenge by wife, then she is not entitled for any maintenance whatsoever.

4. Learned counsel for the revisionist/husband would further submit that the revisionist/husband is paying the maintenance regularly and depositing it directly into the bank account of the respondent/wife.

5. Issue notice to the respondent through ordinary process and registered post, acknowledgement due as well as by email and WhatsApp, if available.

6. Steps to be taken within two weeks.

7. List this case on 28.07.2025 for hearing on admission.

8. Meanwhile, the revisionist/husband is directed to deposit complete arrears of the maintenance, as per impugned judgment of the Family Court, within 30 days from today after adjusting the maintenance paid in the Court reflecting the order-sheets and the maintenance paid directly in the accounts of the respondent/wife and keep on paying the maintenance periodically month-wise by 7th day of each English calendar month.

(Vivek Bharti Sharma, J.) 30.04.2025 SS