Uttarakhand High Court
Unknown vs State Of Uttarakhand And Another on 24 July, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:6551
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No.73 of 2024
24th July, 2025
Krishna Das ...........Revisionist
Versus
State of Uttarakhand and another ........Respondents
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Presence:-
Mr. Yash Bisht, Advocate holding brief of Mr. Vikas Bahuguna,
Advocate for the revisionist.
Mr. B.C. Joshi, A.G.A. for the State.
Ms. Reema Rana, Advocate for respondent no.2.
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Hon'ble Pankaj Purohit, J.
The present criminal revision is directed against
the judgment and order dated 08.12.2023, passed by
learned Judge, Family Court, Khatima, Udham Singh
Nagar in Misc. Criminal Case No.98 of 2020, Smt. Sanjana
Das and others Vs. Krishnpad Das, whereby court below
partly allowed the application filed by respondents for
maintenance under Section 125 of Cr.P.C.
2. Facts in a nutshell are that marriage between
the revisionist and respondent no.2 took place on April 3rd,
2006, according to Hindu/Bengali customs. After lapse of
time, after the marriage, two children were born to the
revisionist and respondent no.2. Revisionist and his family
members began taunting respondent no.2 for bringing
insufficient dowry and demanded an Apache motorcycle as
dowry. Because respondent no.2 could not fulfill the
demand for an Apache motorcycle, revisionist and his
family members physically assaulted respondent no.2 and
expelled her from their home on January 24, 2020. On the
same day, January 24, 2020, the respondent no.2
somehow managed to reach her parental home. When
respondent no.2 narrated her ordeal to her family, her
father, seeing her condition, took her to a government
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hospital in Sitarganj for treatment on January 24, 2020.
Since the day the respondent no.2 was expelled from the
house her in-laws have made no inquiries about her.
Seeing no other option, respondent no.2 filed an application
before the learned Judge, Family Court, Udham Singh
Nagar under Section 125 of Cr.P.C. before learned Judge,
Family Court, Khatima, Udham Singh Nagar, seeking
maintenance amounting to ₹7,000/- per month from the
revisionist. Learned Judge vide its judgment and order
dated 08.12.2023, directed the revisionist-husband to pay
an amount of ₹5,000/-, per month, for the maintenance of
respondent no.2 from the date of filing of the application till
the 10th date of each month. Feeling aggrieved by the said
judgment and order, the revisionist is before this Court.
3. Learned counsel for the revisionist submits that
the order of maintenance passed by learned Judge is
passed without taking into consideration the ratio of
income of the revisionist-husband and has directed him to
pay excessive amount as maintenance to the respondent
no.2-wife, which is illegal and improper as the revisionist-
husband has not much to give from his income at present.
4. Learned counsel for respondent no.2-wife denied
all the submission of the revisionist and submits that the
revisionist-husband is owner of a big furniture shop and is
having three poultry farms from which he earns a hefty
amount and learned Judge, Family Court, Khatima, Udham
Singh Nagar did not commit any error in his order of
maintenance directing the revisionist to pay ₹5,000/- per
month to respondent no.2-wife.
5. Having considered the submission made by
counsel for the revisionist-husband and looking into the
facts of the case, that respondent no.2-wife is an
uneducated woman and have to take care of her, with no
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means to earn, and taking into account the present rate of
inflation the maintenance awarded by learned Judge,
Family Court, Khatima, Udham Singh Nagar, vide his
judgment and order dated 08.12.2023, is not exorbitant,
and is justifiable. There is no perversity in the judgment
and order impugned which may warrant any interference
by this Court.
6. Accordingly criminal revision lacks merit and is
dismissed in limine.
(Pankaj Purohit, J.)
24.07.2025
SK
