Citation : 2025 Latest Caselaw 6476 UK
Judgement Date : 19 December, 2025
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CRLR No. 887 of 2025
Hon'ble Ashish Naithani, J.
Mr. Tajhar Qayyum, learned counsel for the Revisionist.
2. The present criminal revision under Section 438/441 of BNSS is moved on behalf of the Revisionist to set-aside the judgement and order dated 13.11.2025 passed by learned Additional Principal Judge-II, Family Court, Roorkee, District Haridwar in Criminal Case No.66 of 2023 titled as "Marzeena & Anr. Vs. Waseem", under Section 125 of Cr.P.C. and reduce the monthly maintenance amount from Rs. 6000/- to Rs. 3000/- per month.
3. Learned counsel for the Revisionist makes a submission that the learned court below failed to consider the principles of natural justice and allowed the application filed under Section 125 CrPC without fair consideration of the evidence; the judgment suffers from non-consideration of material defence raised by the Revisionist.
He further submits that the impugned judgment and order is against the material evidence available on record and is not in consonance with the facts and circumstances of the case, therefore, the impugned order is liable to be quashed.
4. Considering the submissions advanced by the learned counsel on behalf of the Revisionist, interference is being called for in the matter.
5. Admit.
6. Issue notice to the Respondents, returnable within two weeks. Steps to be taken within one week.
7. Objections, if any, to be filed by the Respondents within a period of three weeks.
8. List this matter on 11.03.2026.
9. Till the next date of listing, the effect and operation of the judgement and order dated 13.11.2025 passed by learned Additional Principal Judge-II, Family Court, Roorkee, District Haridwar in Criminal Case No.66 of 2023 titled as "Marzeena & Anr. Vs. Waseem", under Section 125 of Cr.P.C, shall remain stayed, subject to the condition that the Revisionist shall pay half of the interim maintenance as awarded by the court below, per month to the Respondents.
10. Stay Application (IA No. 01 of 2025) stands disposed of.
(Ashish Naithani, J.) 19.12.2025 Akash
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