Uttarakhand High Court
25 July vs State Of Uttarakhand And Another on 25 July, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:6568
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 464 of 2025
25 July, 2025
Dheeraj Singh --Revisionist
Versus
State Of Uttarakhand and Another --Respondents
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Presence:-
Mr. M.K. Ray, learned counsel for the revisionist-
husband.
Mr. S.S. Chauhan, learned D.A.G. with Mr. Vikas
Uniyal, learned Brief Holder for the State of
Uttarakhand/respondent No.1.
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 05.06.2025 passed by learned
Additional Principal Judge, Family Court, Khatima,
District Udham Singh Nagar in Misc. Criminal Case
No.16 of 2025 Jyoti Bora Vs. Dheeraj Singh, whereby,
the application 5ga filed by the respondent No.2 for
interim maintenance was allowed and the revisionist
was directed to pay Rs.4,000/-per month as interim
maintenance, on 10th day of each month from the date
of filing that application for interim maintenance.
2. Learned counsel for the revisionist submits
that the revisionist-husband and respondent No.2-wife
were got married on 23.11.2024 as per Hindu rites and
rituals, but, later on some marital discord cropped up
between the husband and the wife. Thereafter, the
respondent No.2-wife had instituted a Misc. Criminal
Case under Section 144 of the BNSS 2023 before the
learned Additional Principal Judge, Family Court,
Khatima, District Udham Singh Nagar with the false
2025:UHC:6568
averments. He further submits that the respondent
No.2 only remained 25 days in her matrimonial house
and left the matrimonial house on 18.12.2024 without
any sufficient reason, therefore, she is not entitled for
any maintenance from her husband as provided under
Section 144(4) of the BNSS 2023, but learned Family
Court had not considered the said fact at the time of
allowing the application of respondent No.2 for interim
maintenance.
3. It is further contended by him that the
revisionist had produced affidavit showing his
assets/income, which reveals that his income is only
Rs.6,000/- per month and the interim maintenance
was granted @Rs.4,000/- per month, thus, the
impugned order is completely based on presumption
without assessing the actual income of the revisionist,
and therefore, is totally erroneous, patently illegal and
bad in the eyes of law.
4. Per contra, learned State Counsel submits
that there is no perversity in the impugned judgment
and order passed by learned Court below and it had
rightly allowed the application of the respondent No.2
for interim maintenance.
5. 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 Trial Court delved upon the issue in 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
Additional Principal Judge, Family Court, Khatima,
2025:UHC:6568
District Udham Singh Nagar while allowing the
application of the respondent No.2 vide its order dated
05.06.2025, 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 is stayed with him only for a period of
25 days, and therefore, she is not entitled to get any
maintenance under Section 144(4) of the BNSS 2023,
shall also be considered at the time of adjudication of
the main petition.
6. In view of the above, the present criminal
revision is dismissed in-limine.
7. Pending application(s), if any, also stands
disposed of.
(Pankaj Purohit, J.)
25.07.2025
PN
PREETI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=63c75a8c4765581180a58d7478fadbe38331
bac55c78b5f9f0276c16432f6aab,
NEGI
postalCode=263001, st=UTTARAKHAND,
serialNumber=2BA53171893B3C3CB3CCCAE81FAE06
4498483A83D84BDB0F9229D5BF08D959AC,
cn=PREETI NEGI
Date: 2025.07.29 16:58:05 +05'30'
