Uttarakhand High Court

Praveen vs Unknown on 15 July, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  CRLR No.445 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Piyush Garg, learned counsel for the revisionist-husband.

2. This revision is directed against the impugned judgment and order dated 12.07.2024 passed by learned Judge, Family Court Nainital in Misc. Criminal Case No. 105 of 2023 Smt. Khusnuma Praveen Vs. Shri Jishan Jafri, whereby, the said criminal case filed by the respondent- wife under Section 125 Cr.P.C., was decided ex-party, by directing revisionist to pay the interim maintenance of Rs.7,000/- per month (Rs.5,000/- p.m. to respondent No.1-wife and Rs.2,000/- p.m. to respondent No.2-minor son) from the date of filing of application i.e.05.07.2023 on 10th of every month, as well as the impugned judgment and order dated 24.05.2025 passed by the learned Principal Judge, Family Court Nainital, Camp Court Ramnagar, District Nainital, in Misc. Criminal Case No.02 of 2025 Shri Jafari Jishan Vs. Smt. Khusnuma Praveen, whereby, the learned Principal Judge has dismissed the application No.7Kha under Section 5 of the Limitation Act moved by the revisionist for setting aside the ex- parte judgment dated 12.07.2024 as time barred.

3. I have perused the impugned order and from the order, it transpires that there is a delay of one month in filing the application for setting aside the judgment and order dated 12.07.2024 from the date of knowledge to the revisionist.

4. Issue notice to respondent-wife, returnable within four weeks.

5. Steps to be taken within 03 days.

6. Put up on 10.09.2025.

7. Till the next date of listing, the execution of judgment and order dated 12.07.2024 passed by learned Judge, Family Court, Nainital, in Misc. Criminal Case No. 105 of 2023 Smt. Khusnuma Praveen Vs. Shri Jishan Jafri, shall remain stayed, provided the revisionist-husband keeps on paying a sum of Rs.7,000/- per month (Rs.5,000/- p.m. to respondent No.1-wife and Rs.2,000/- p.m. to respondent No.2-minor son), as interim maintenance every month on or before 10th day of each English calendar month and shall also pay 50% of the arrears of the interim maintenance within one month from today.

8. Stay Application (IA/1/2025) stands disposed of accordingly.

(Pankaj Purohit, J.) 15.07.2025 PN