Unknown vs Shri Rakesh Bisht"
2025 Latest Caselaw 5496 UK

Uttarakhand High Court

Unknown vs Shri Rakesh Bisht" on 13 November, 2025

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                             CRLR No. 767 of 2025
                             Hon'ble Ashish Naithani, J.

Mr. Rajat Mittal, learned counsel for the Revisionist.

2. Mr. S. S. Chauhan, learned D.A.G. assisted by Mr. Vikash Uniyal, learned Brief Holder for the State.

3. The present criminal revision under Section 438/442 of BNSS r/w Section 397/401 of Cr.P.C. is moved on behalf of the Revisionist to set- aside the impugned order dated 24.09.2025 passed by learned Additional Principal Judge 1st , Family Court, Dehradun in Case No.35 of 2025, titled as "Smt. Asha Bisht & Ors. vs. Shri Rakesh Bisht", whereby an application no.8Ka for seeking interim maintenance filed by the opposite parties has been allowed vide impugned order dated 24.09.2025 with the direction to pay the interim maintenance amount of Rs.32,000/- per month (Rs.12000/- to the opposite party no.2, Rs.10,000/- to the opposite party no.3 and Rs. 10,000/- to the opposite party no.4) from the date of application.

4. Learned counsel for the Revisionist/husband makes a submission that the judgment passed by learned Family Court is based upon conjecture and surmises; while passing the impugned order, the leraned court below has completely ignored the affidavit of assets and liabilities filed by the Revisionist, wherein the details of income and expenses have clearly been mentioned and it has also been stated that the school fees as well as tuition and dance fees of the children was being paid by the Revisionist but despite that impugned order has been passed without considering the said facts.

He further submits that learned court below failed to appreciate that the opposite party no.2 is earning handsome amount through a readymade garment business and learned court below has wrongly passed the interim maintenance order of Rs.32,000/- that too from the date of application, which will create undue hardship and defeat the purpose of Section 144 of BNSS, therefore, the impugned order is liable to be quashed.

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

6. Admit.

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

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

9. List this matter on 03.01.2026.

10. Till the next date of listing, the effect and operation of the impugned order dated 24.09.2025 passed by learned Additional Principal Judge 1st , Family Court, Dehradun in Case No.35 of 2025, titled as "Smt. Asha Bisht & Ors. vs. Shri Rakesh Bisht", shall remain stayed, subject to the condition that the Revisionist shall pay half of the interim maintenance as awarded by the learned Additional Principal Judge 1st , Family Court, Dehradun, per month to the Respondents and 30% of the arrears to be deposited before the court below.

11. Stay Application (IA No.01 of 2025) stands disposed of.

(Ashish Naithani, J.) 13.11.2025 Akash