Uttarakhand High Court

CRLR/393/2025 on 2 July, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  CRLR No.393 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Suresh Chandra Bhatt, learned counsel for the revisionist-husband.

2. Mr. Bhaskar Chandra Joshi, learned A.G.A. for the State of Uttarakhand/ respondent No.1.

3. By means of the present revision, the revisionist has challenged the impugned judgment and order dated 09.05.2025 passed by learned Judge Family Court, Rudrapur, District Udham Singh Nagar, in Criminal Case No.317 of 2024 Smt. Rewa Mandal Vs. Dulal Mandal, under Section 144 of the BNSS Act, whereby, the interim maintenance of Rs.5,000/- was awarded to the respondent No.2-wife from the date of order i.e.09.05.2025 and the interim maintenance was directed to be paid to the respondent No.2-wife on 10th of each month.

4. It is contended by learned counsel for revisionist-husband that the respondent No.2-wife is living in adultery with her boyfriend-Ashish Puniya and she is facing trial in Special Sessions Trial No.402 of 2024 State Vs. Ashish Puniya and another, in the Court of learned Special Sessions Judge, Rudrapur, District Udham Singh Nagar.

5. Learned counsel for the revisionist- husband drawn the attention of this Court to Section 144(4) of the BNSS Act, which contends that interim maintenance will not be available to a wife who lives in adultery with someone else.

6. Having considered the submissions made by learned counsel for revisionist/ husband, this Court is of the view that the revisionist/husband deserves some interim relief from this Court.

7. Issue notice to respondent No.2, returnable within four weeks.

8. Steps to be taken within 03 days.

9. Put up on 25.08.2025.

10. Till the next date of listing, the effect and operation of the impugned judgment and order dated 09.05.2025 passed by learned Judge Family Court, Rudrapur, District Udham Singh Nagar, in Criminal Case No.317 of 2024 Smt. Rewa Mandal Vs. Dulal Mandal, under Section 144 of the BNSS Act, shall remain stayed.

(Pankaj Purohit, J.) 02.07.2025 PN