Uttarakhand High Court
Unknown vs State Of Uttarakhand And Others on 12 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No.349 of 2025
Mukesh Singh
--Revisionist
Versus
State of Uttarakhand and others
--Respondents
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Presence:-
Mr. Shivam S. Pargai, learned counsel for the revisionist.
Mr. S.S. Chauhan, learned Dy.A.G. for the State/respondent no.1.
Mr. Shivam Gulati, learned counsel i/b Mr. Shubhr Rastogi,
learned counsel for respondent nos.2 and 3.
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Hon'ble Pankaj Purohit, J.
This revision is preferred against the order
dated 05.05.2025 passed by the Principal Judge, Family
Court, Haridwar in Case No.55 of 2024, Anita V. Mukesh
whereby the interim maintenance application moved by
respondents has been allowed and revisionist has been
directed to pay Rs.12,000/- and Rs.5,000/- total
Rs.17,000/- per month to respondent nos.2 and 3 as
interim maintenance from the date of filing of application.
2. Misc. Case No.55 of 2024 was filed by the
respondent wife and Misc. Case No.25 of 2025 was filed
by her on behalf of her son for providing maintenance.
Both the cases were consolidated. The respondent -wife
stated that she was subjected to cruel behavior at the
hands of revisionist and demand of Rs.10.00 lakh in cash
besides a four-wheeler vehicle was made from her. She
was also subjected to physical cruelty. Since 17.02.2024
she is staying at her parents' house and no maintenance
is paid to her. Hence she prayed maintenance of
Rs.30,000/- for herself and Rs.25,000/- for her son. The
respondent-wife and minor child filed an application for
interim maintenance. The revisionist appeared and filed
his objection to the application. After hearing the parties,
the said application was partly allowed by the impugned
judgment and order by granting Rs.17,000/- per month
to her as interim maintenance from the date of
application. Therefore, the revisionist is before this Court
by filing the present revision.
3. Admittedly, the revisionist is a retired army
personnel. He retired from Garhwal Rifles from where he
gets Rs.40,000/- as pension. Moreover, he is doing a job
in I.M.A. Dehradun where after deductions, he was
receiving a sum of Rs.21,990/- per month. This way, the
total monthly emoluments of revisionist comes to
Rs.70,000/- per month. In this scenario, granting
maintenance @Rs.17,000/- per month from the date of
application does not appear to be exorbitant particularly
taking into account the fact that respondent no.2 is also
maintaining a minor child of 1 year whose medical
expenses has also to be borne by her.
4. I find no illegality or impropriety in the
impugned order. The interim maintenance awarded by
the Court is perfectly justified as per the earning capacity
of the revisionist. Moreover, the final adjudication of the
claim of the parties is yet to be made through finally
deciding of the application u/s 125 Cr.P.C.
5. Accordingly, there is no force in this revision
and the same is dismissed. Interim order dated
13.06.2025 passed by this Court is vacated.
6. Pending application, if any, stands disposed of.
(Pankaj Purohit, J.)
12.08.2025
Rdang
