WPMS/3358/2025
2025 Latest Caselaw 6079 UK

Uttarakhand High Court

WPMS/3358/2025 on 4 December, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPMS No.3358 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Tejas Agarrwal, Advocate for the petitioners.

2. Mr. Sudhir Nailwal, S.C. for the State.

3. This writ petition has been filed under Article 227 of the Constitution of India seeking a direction to the learned Additional Principal Judge, Family Court, Kotdwar, Pauri Garhwal, to decide Misc. Case No.105 of 2022, Smt. Krishna Vs. Shri Rahul, filed under Section 125(3) of the Cr.P.C. for recovery of the amount due from respondent no.2-husband, Rahul, towards maintenance.

4. It is contended by learned counsel for the petitioners that the petitioner no.1-wife, Krishna, has moved an application under Section 125 of Cr.P.C. against respondent no.2-husband, Rahul, for maintenance for her and for petitioner no.2-her minor daughter, Gunjan, in the court of learned Additional Principal Judge, Family Court, Kotdwar, Pauri Garhwal.

5. The said application for maintenance came to be decided by the trial court vide judgment and order dated 14.10.2022, whereby the respondent no.2-husband, Rahul, was directed to pay a sum of ₹3,000/- per month to the petitioners from the date of application dated 23.08.2018.

6. The petitioner no.1-wife, Krishna, moved an application under Section 125(3) of Cr.P.C. for recovery of the maintenance amount on 29.10.2022 which is still pending disposal and only a sum of ₹10,000/- has been paid by respondent no.2-husband, Rahul, and the rest of the amount and the regular maintenance amount is due

against respondent-husband, Rahul.

7. The petitioners are before this Court for a direction for expeditious hearing of the Misc. Case No.105 of 2022, Smt. Krishna vs. Shri Rahul, filed under Section 125(3) of the Cr.P.C.

8. I have perused the order sheet and it has been reflected from the order sheet that though attempts have been made by learned Additional Principal Judge, Family Court, Kotdwar, Pauri Garhwal, but uptill now the petitioners are still languishing for money due to them.

9. In such view of the matter, it transpires that the case for a direction is made out in favour of the petitioners.

10. Accordingly writ petition stands allowed with a direction to learned Additional Principal Judge, Family Court, Kotdwar, Pauri Garhwal, to decide the Misc. Case No.105 of 2022, Smt. Krishna vs. Shri Rahul, filed under Section 125(3) of the Cr.P.C. expeditiously not later than six months from the date of production of certified copy of this order.

(Pankaj Purohit, J.) 04.12.2025 SK