Citation : 2025 Latest Caselaw 767 UK
Judgement Date : 7 July, 2025
2025:UHC:5820
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Revision No. 420 of 2025
07th July, 2025
Smt. Shikha Kumari ..........Revisionist
Versus
State of Uttarakhand
and another ...........Respondents
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Presence:-
Mr. Anchit Khokher, Advocate for the revisionist.
Mr. S.C. Dumka, A.G.A. with Ms. S.B. Dobhal, B.H. for the State.
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Hon'ble Pankaj Purohit, J.
The present criminal revision is directed against the judgment and order dated 07.05.2025 and modified order dated 14.05.2025, passed by learned Principal Judge, Family Court, Dehradun in Misc. Criminal Case No.330 of 2024, Shikha Kumari Vs. Mukul Anand, under Section 144 of B.N.S.S. 2023, whereby learned Principal Judge, Family Court, Dehradun has awarded an interim maintenance of ₹8,000/- to the revisionist from respondent no.2 from the date of filing of the application.
2. Facts of the case in a nutshell are that the revisionist-wife and respondent no.2-husband got married on 06.02.2024 as per Hindu rites and rituals. After the marriage revisionist-wife was subjected to cruelty, because of insufficient dowry allegedly brought, by respondent no.2- husband and his family members. Without any cogent reason, the revisionist-wife was thrown out from her matrimonial home. After ousting revisionist-wife no heed for maintenance was paid by respondent no.2-husband on her, on which revisionist-wife was constrained to file an application under Section 144 of B.N.S.S. 2023 seeking maintenance amounting ₹70,000/- per month. Along with
2025:UHC:5820 the said application an application for interim maintenance was also filed in the court of learned Principal Judge, Family Court, Dehradun. Upon service of notice respondent no.2-husband filed a reply denying all the allegations leveled against him. After hearing the arguments advanced by counsel for the parties on application for interim maintenance, the learned court below vide its judgment and order dated 07.05.2025 directed respondent no.2- husband to pay an amount of ₹20,000/- per month from the date of application to the revisionist-wife and vide its judgment and order dated 14.05.2025 modified its earlier order and decreased the amount to only ₹8,000/- citing typographical error. Feeling aggrieved by the said order the revisionist-wife is before this Court.
3. Learned counsel for the revisionist-wife submits that the order dated 07.05.2025 and modified order dated 14.05.2025 are not in ratio of income of respondent no.2- husband and has granted a meager amount of interim maintenance to the revisionist-wife as she has no means to take care of herself and is presently a burden on her parents. He further submits that learned Principal Judge, Family Court, Dehradun vide its judgment and order dated 07.05.2025 and modified order dated 14.05.2025 has erred in granting an interim maintenance to the revisionist-wife which is too low for her survival.
4. Having considered the submission made by counsel for the revisionist-wife and looking into the facts of the case, that respondent no.2-husband has to look after his own family and has his own expenses to bear and revisionist-wife is not burdened with the responsibility of any child, the interim maintenance awarded by learned Principal Judge, Family Court, Dehradun is well sufficient keeping in view of the needs of revisionist-wife. There is no perversity in the judgment and order impugned which may
2025:UHC:5820 warrant any interference by this Court. It would be prudent to note here at this stage that vide order dated 14.05.2025 the order dated 07.05.2025 was not modified. Rather it was a correction of typographical error crept in the order dated 07.05.2025.
5. Accordingly criminal revision lacks merit and is dismissed in limine.
(Pankaj Purohit, J.) 07.07.2025 SK
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