CRLR/337/2025
2025 Latest Caselaw 3250 UK

Uttarakhand High Court

CRLR/337/2025 on 25 June, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  CRLR No.337 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Nalin Saun, Advocate for the revisionist.

2. The present criminal revision is directed against the judgment and order dated 22.03.20235, passed by learned Principal Judge, Family Court, Dehradun in Criminal Case No.38 of 2024, Ramasare Vs. Govind, whereby the said court partly allowed the application filed under Section 125(1)(d) of Cr.P.C. directing the revisionist-son to pay a sum of ₹12,000/- per month to the respondent-father as maintenance.

3. Learned counsel for the revisionist argued that when the case was taken up on 17.06.2025, counsel for the revisionist would submit that an earlier Case No.570 of 2022 was filed by the respondent-father against the revisionist-son seeking maintenance, in which the Court had directed the revisionist/son to pay ₹3,000/-, per month, as maintenance to the respondent-father to be paid on 10th of each month along with a lump sum payment of ₹15,000/- for operation of wife of the respondent - Smt. Raghu Rai.

4. The argument which has been advanced by counsel for the revisionist is that the once application filed under Section 125 of Cr.P.C. has already been granted in favour of the respondent-father by the court, no fresh application should have been entertained by the learned Family Court.

5. Counsel for the revisionist has passed on a photocopy of the earlier judgment dated 07.03.2003 to this Court.

6. I have perused the said order and this Court finds substance in the counsel for the revisionist, but at the same

time, this Court is of the view that the subsequent petition moved by the respondent-father can be taken as an application for enhancement of the maintenance awarded by the Principal Judge, Family Court, Dehradun in earlier case.

7. The matter appears to be debatable, therefore, this Court entertain the present criminal revision.

8. Admit.

9. Issue notice to the respondent, returnable within six weeks.

10. Steps to be taken within a week.

11. Summon the T.C.R.

12. List this case on 21.08.2025.

13. In the meantime, execution of judgment and award dated 22.03.2025 shall remain stayed provided, the revisionist-son shall keep on paying a sum of ₹10,000/-, per month, as maintenance to respondent-father on 10th day of each month and shall deposit 50% of arrears within a month from today.

(Pankaj Purohit, J.) 25.06.2025 SK