Others vs Unknown
2025 Latest Caselaw 2765 UK

Uttarakhand High Court

Others vs Unknown on 22 May, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                   Office    Notes,
                   reports, orders
                   or proceedings
SL.
        Date       or    directions                    COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                   order       with
                   Signatures
      22.05.2025
                                      CRLR No.695 of 2022
                                      Hon'ble Vivek Bharti Sharma, J.

Mr. U.K. Uniyal, learned Senior Counsel assisted by Mr. Neelabh Kumar Bist, learned counsel for the revisionists.

2. Mr. Akshay Latwal, learned Assistant Government Advocate for the State.

3. Mr. Bhuwan Bhatt, learned counsel for respondent no.2.

4. This criminal revision has been preferred against the judgment and order dated 23.06.2022 passed by learned IVth Additional Sessions Judge, Haridwar in Criminal Appeal No.124 of 2019, "Smt. Monika and Others Vs. State of Uttarakhand and Others" whereby the learned IVth Additional Sessions Judge, Haridwar has allowed the appeal filed under Section 29 of the Domestic Violence Act, 2005 and directed the revisionist no.1 to pay ₹5,000/- per month as maintenance to respondent no.2 and ₹2,000/- per month each to respondent no.3 and 4 in addition to maintenance as directed by the Family Court.

5. Learned counsel for the revisionists would submit that the order passed by the Appellate Court is against the law and facts of the case; that, learned Appellate Court overlooked the material evidence on record and passed the order in cursory manner; that, respondent no.2/wife did not disclose the fact that she is already getting ₹9,000/- per month as interim maintenance from revisionist no.1/husband in pursuance to order dated 30.03.2017 passed by Family Court, Roorkee, Haridwar when she was pressing the application under Section 23 of D.V. Act; that, the award of interim maintenance is on the higher side and it is impossible for the revisionist no.1/husband to pay the same.

6. Learned counsel for respondent no.2/wife would submit that the revisionist is drawing salary of ₹63,000/- per month and even if ₹22,000/- per month as interim maintenance is directed to be paid to respondent no.2/wife and two minor children (respondent no.3 and 4) for their daily necessities; that, it is not on higher side with any stretch of imagination in view of law and facts.

7. Learned counsel for respondent no.2/wife would further submit that revisionist no.1 is not paying the interim maintenance to the respondent/wife, as directed by learned Courts below; that, it is not in dispute that revisionist no.1/husband is a gunman in Central Reserve Police Force (C.R.P.F.) and at present he is drawing salary of ₹63,000/- per month.

8. The revisionist is directed to keep on paying by depositing the interim maintenance as fixed by the Courts below on or before 7th day of each English calendar month directly in the bank account of the respondent no.2/wife and shall pay 70% of the arrears of the maintenance within one month from today by depositing the same in the account of respondent no.2/wife .

9. Counsel for respondent nos.2/wife is directed to provide the bank details including name of account holders, the bank name, account number, name of the branch, IFSC Code in tabular form by way of supplementary affidavit with advance copy to the revisionist.

10. List this case on 08.08.2025 for hearing on admission.

11. Till the next date of listing, the effect and operation of the judgment and order dated 23.06.2022 passed by learned IVth Additional Session Judge, Haridwar in Criminal Appeal No.124 of 2019, "Smt. Monika & Others Vs. State of Uttarakhand & Others" along with execution of the recovery warrant dated 05.04.2025 issued against the revisionist no.1/husband by 2nd Judicial Magistrate, Roorkee, Haridwar is stayed.

(Vivek Bharti Sharma, J.) 22.05.2025 SS