CRLR/804/2025
2025 Latest Caselaw 5800 UK

Uttarakhand High Court

CRLR/804/2025 on 26 November, 2025

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                              CRLR No. 804 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Yogesh Upadhyay and Mr. Kaushal Sah Jagati, learned counsels for the Revisionist.

2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand.

3. The present Revision, filed on behalf of the Revisionist

- Ashwani, S/o Late Dhaniram, has been preferred against the judgment and order dated 10.10.2025, passed by the learned Judge, Family Court, Kashipur, District Udham Singh Nagar, in Family Case (Misc. Criminal Case No. 61 of 2023), Smt. Sapna vs. Ashwani, whereby the learned Family Court has partly allowed the application filed by Respondent No. 2 under Section 125 Cr.P.C. and has directed the Revisionist to pay a sum of ₹7,000/- (Rupees Seven Thousand only) per month as maintenance to Respondent No. 2 from the date of filing of the application. The learned Family Court has further directed the Revisionist to pay interim maintenance @ ₹4,000/- per month from the date of the interim order till the date of the final order.

4. Learned counsel for the Revisionist submits that the court below has wrongly presumed the income of the Revisionist and ignored the fact that he is himself dependent on his family and is presently not employed. It is further submitted that Respondent No. 2 is residing separately without any sufficient cause and is therefore not legally entitled to maintenance.

5. Admit.

6. Issue notice to Respondent No. 2.

7. Steps be taken within one week.

8. Objections, if any, be filed by the Respondents.

9. The Revisionist has also prayed that the effect and operation of the impugned judgment and order dated 10.10.2025 be stayed during the pendency of the present revision.

10. Considering the facts and circumstances of the case, as an interim measure, it is directed that till the next date of listing, the effect and operation of the impugned judgment and order dated 10.10.2025, passed by the learned Judge, Family Court, Kashipur, District Udham Singh Nagar, shall remain stayed, subject to the condition that the Revisionist shall pay 50% of the awarded amount per month as interim maintenance to Respondent No. 2.

11. The Stay Application stands disposed of accordingly.

12. List this matter on 11.02.2026.

(Ashish Naithani, J.) 26.11.2025 Shiksha