Citation : 2025 Latest Caselaw 1742 UK
Judgement Date : 6 August, 2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No.862 of 2024
Smt. Rekha Rawat
--Revisionist
Versus
Sanjay Bisht
--Respondents
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Presence:-
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Hon'ble Pankaj Purohit, J.
Heard Mr. Ashish Aggarwal, learned counsel for the revisionist.
2. Notice issued to the respondent has been served personally upon him as per the report of CJM Kanpur dated 08.01.2025. Even then, none is present to oppose this revision. The Court is thus, constrained to proceed ahead with the matter on its own.
3. This revision is directed against the judgment and order dated 13.09.2024 passed by learned Additional Judge, Family Court, Dehradun in Misc. Crl. Case No.202 of 2020, Rekha Rawat v. Sanjay BIsht whereby the application moved by the revisionist u/s 125 Cr.P.C. has been allowed and the respondent-husband has been directed to pay Rs.15,000/- as maintenance from the date of application. The revisionist -wife is before this Court for enhancing the maintenance granted by learned trial Court.
4. Facts of the case are that application u/s 125 Cr.P.C. was filed by revisionist stating that she was married with the respondent on 04.12.2017 as per Hindu rites. Soon after marriage, respondent and his family members began to demand dowry from her and also began to mentally and physically torture and harass her. Due to this matrimonial discord, she was sent with her parents
on 21.07.2019. On 07.12.2019, when she came back to her in-laws house, she was not allowed to enter the house and was accordingly ousted. Hence the prayer to provide Rs.30,000/- per month was made.
5. The respondent husband filed his objection to the aforesaid application and shown the responsibility of his parents upon him.
6. It is an admitted case that the revisionist is the legally wedded wife of respondent-husband. It is also admitted that he is working as CTTI in the Allahabad Division of the Indian Railways. In order to show the income of respondent, his pay slip for the month of September, 2023 has been shown as Annexure No.4 to this revision wherein his Gross Pay has been shown to be Rs.1,02,874/- whereas total recoveries are shown as Rs.16,702/- only. Believing on this pay slip only, the respondent is receiving Rs.90,000/- approx per month. The Court below has awarded only Rs.15,000/- per month which appears to be a meager amount looking to the status of the respondent -husband.
7. Having regard to the facts of the case, present revision is allowed. The amount of maintenance of Rs.15,000/- as awarded by the Court below is increased to Rs.25,000/- per month from the date of application which shall be paid by the respondent-husband from the date of application. The arrears be paid by the respondent within six months from today.
8. Pending application, if any, stands disposed of.
(Pankaj Purohit, J.) 06.08.2025 Rdang
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