Unknown vs Deepak Nautiyal"
2025 Latest Caselaw 5447 UK

Uttarakhand High Court

Unknown vs Deepak Nautiyal" on 12 November, 2025

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                             CRLR No. 761 of 2025
                             Hon'ble Ashish Naithani, J.

Mr. Saurabh Kumar Pandey, learned counsel for the Revisionist.

2. Mr. Vipul Painuly, learned A.G.A. for the State.

3. The present criminal revision under Section 438/442 of BNSS r/w Section 19(4) of Family Court Act is moved on behalf of the Revisionist to set-aside the impugned judgment & order dated 19.11.2024 passed by learned Principal Judge, Family Court, Dehradun in Misc. Criminal Case No.210 of 2024, "Smt. Soniya Nautiyal & Anr. vs. Deepak Nautiyal"

under Section 146 of BNSS and further prayed that the operation and effect of the impugned judgment and order dated 19.11.2024 be stayed.

4. Learned counsel for the Revisionist has filed the Delay Condonation Application (IA No.01 of 2025) to condone the delay of 265 days in filing the present revision.

5. Learned State counsel strongly opposed the said prayer.

6. Though, the delay condonation application is strongly objected by the learned State counsel, but as the delay is not inordinate and in the interest of justice, the delay is condoned subject to the payment of cost of `2000/- to be deposited with the Advocate Welfare Fund maintained by Uttarakhand High Court Bar Association, within one week from today.

7. Accordingly, the Delay Condonation Application would stand allowed.

8. Learned counsel for the Revisionist/husband makes a submission that the Respondent no.1/wife is living separately from a long time without any valid reason; the Revisionist has complied the judgment passed by the court below and regularly paid maintenance; the Respondent no.1 even has not permitted the Revisionist to meet the son i.e. Respondent no.2.

9. He further submits that the impugned order is against the evidence on record and is also against the facts and circumstances of the case; the order enhancing maintenance being unjust and improper is liable to be set-aside; the impugned order is based on conjecture and surmises.

10. Considering the submissions advanced by the learned counsel on behalf of the Revisionist, interference is being called for in the matter.

11. Admit.

12. Issue notice to the Respondents, returnable within two weeks. Steps to be taken within one week.

13. Objections, if any, to be filed by the Respondents within a period of three weeks.

14. List this matter on 06.01.2026.

15. Till the next date of listing, the effect and operation of the impugned judgment & order dated 19.11.2024 passed by learned Principal Judge, Family Court, Dehradun in Misc. Criminal Case No.210 of 2024, "Smt. Soniya Nautiyal & Anr. vs. Deepak Nautiyal"

under Section 146 of BNSS, shall remain stayed, subject to the condition that the Revisionist/husband shall pay `13,000/- per month as a maintenance to the Respondents.

16. Stay Application (IA No.02 of 2025) stands disposed of.

(Ashish Naithani, J.) 12.11.2025 Akash