CRLR/471/2025
2025 Latest Caselaw 1719 UK

Uttarakhand High Court

CRLR/471/2025 on 5 August, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  CRLR No.471 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Digvijay Singh Bisht, Advocate for the revisionist.

2. This is a criminal revision directed against the judgment and order dated 27.05.2025, passed by learned Additional Principal Judge, Family Court, Kashipur, Udham Singh Nagar in Case No.426 of 2024, Smt. Yasmeen and another Vs. Bali Mohammad, whereby the trial court has partly allowed the application for interim maintenance moved by the respondents and directed the revisionist- husband to pay a sum of ₹5,000/-, per month, to respondent no.1 - Smt. Yasmeen and a sum of ₹3,000/-, per month, to respondent no.2 - Abdullah (minor son) from the date of filing of the application of the interim maintenance.

3. It is contended by learned counsel for the revisionist that the interim order should not have been passed by trial court for the reason that the revisionist-husband and respondent no.1-wife have parted their ways by taking [kqyk rykd (divorce) by way of a compromise and in the said compromise the revisionist-husband has agreed to pay a sum of ₹4,30,000/- to the respondent no.1-wife as permanent alimony, which has already been received by her.

4. Having heard learned counsel for the parties and having gone through the compromise entered into between the parties while parting ways, through [kqyk rykd (divorce), this Court is of the view that the order passed by the court below appears to be prima facie bad in the eyes of law, so far as it is made in respect of respondent no.1-wife.

5. Issue notice to respondents, returnable within four weeks.

6. Steps to be taken within three days.

7. List this case on 06.11.2025.

8. In the meantime, execution of the order dated 27.05.2025 shall remain stayed, provided the revisionist keeps on paying a sum of ₹3,000/-, per month, to the respondent no.2 (minor son) and 50% of the arrears also in respect of the respondent no.2 (minor son), within a period of three months from today.

(Pankaj Purohit, J.) 05.08.2025 SK