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8 August vs Kavita Singh
2025 Latest Caselaw 2537 UK

Citation : 2025 Latest Caselaw 2537 UK
Judgement Date : 18 August, 2025

Uttarakhand High Court

8 August vs Kavita Singh on 18 August, 2025

Author: Pankaj Purohit
Bench: Pankaj Purohit
                                                       2025:UHC:7252



HIGH COURT OF UTTARAKHAND AT NAINITAL
              Criminal Revision No. 5 of 2025
                         18 August, 2025

Vinder Singh                                          --Revisionist

                               Versus

Kavita Singh                                         --Respondent
----------------------------------------------------------------------
Presence:-
      Mr. Basant Singh, learned counsel holding brief of Mr.
      Harshpal Sekhon, learned counsel for the revisionist-
      husband.
      Mr. M.K. Ray, learned counsel for respondent-wife.

Hon'ble Pankaj Purohit, J. (Oral)

By means of the present criminal revision, the revisionist has put to challenge the impugned judgment and order dated 30.07.2024 passed by learned Judge, Family Court-First, Rudrapur, District Udham Singh Nagar, in Case No.395 of 2023 Kavita Singh Vs. Vinder Singh, whereby, the application 5ga filed by the respondent for interim maintenance was partly allowed and the revisionist was directed to pay Rs.10,000/-per month as interim maintenance.

2. Learned counsel for the revisionist submits that the revisionist-husband and respondent-wife were got married on 28.11.2022 as per Hindu rites and rituals, but, later on some marital discord cropped up between the husband and the wife and the respondent- wife left the house of her husband. He further submits that the revisionist went to the house of respondent- wife to bring her back, but, she didn't want to live with the revisionist.

2025:UHC:7252

3. It is contended by learned counsel for the revisionist that the learned Family Court had overlooked the fact that the respondent had leveled false allegations on the revisionist on asking of her father and brother and she had left the house of the revisionist with her own free will, therefore, she is not entitled for any maintenance.

4. It is further contended by him that the revisionist has the liability of treatment of his mother, who is suffering from Cancer and requires huge financial expenses. He also submits that the respondent is a well educated woman and studied up to B.A. She knows the work of sewing, embroidery and knitting etc. and also gives tuition to the children at home and earns about Rs.20-25 thousand per month, thus, she is able to maintain herself very well.

5. Learned counsel for the respondent-wife vehemently argued the submission made by learned counsel for the revisionist by submitting that the respondent doesn't know the work of sewing, embroidery and knitting etc. and she is not able to maintain herself. The revisionist with his family members had beaten up the respondent and thrown her out of the house on 20.10.2023. The revisionist is posted as Constable in the Uttar Pradesh Police Department and is receiving Rs.50,000/- per month salary.

6. I have considered the submissions made by learned counsel for the parties and perused the entire documents available on record as well as the judgment and order impugned in the present criminal revision. The learned Family Court delved upon the issue in

2025:UHC:7252 great detail and passed the impugned judgment and order. The amount is quite considerate and therefore, it needs no interference. The reasoning given by the learned Judge, Family Court-First, Rudrapur, District Udham Singh Nagar, while allowing the application of the respondent partly, vide its order dated 30.07.2024, is quite convincing and needs no interference. Moreover, only interim maintenance has been awarded by the learned Court below, the final adjudication of main petition is yet to be done and the argument of the revisionist-husband that the respondent-wife had left the house of the revisionist with her own free will, and therefore, she is not entitled to get any maintenance, shall also be considered at the time of adjudication of the main petition.

7. In view of the above, the present criminal revision is dismissed.

8. Pending application(s), if any, also stands disposed of.

(Pankaj Purohit, J.) 18.08.2025 PN

 
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