Uttarakhand High Court
Unknown vs Revisionist Has Been Directed To Pay A ... on 7 October, 2025
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CRLR No. 655 of 2025
Hon'ble Ashish Naithani, J.
Mr. M.K. Ray, learned counsel for the Revisionist.
2. Mr. Rakesh Negi, learned Brief Holder for the State of
Uttarakhand.
3. The present Revision, filed on behalf of the
Revisionist-Shivshankar, S/o Ranjeet Majumdar, has been
preferred with the following prayer:
"(i) Allow the present Criminal Revision by quashing/setting
aside the impugned order dated 26.08.2025 passed by the
learned Additional Principal Judge, Family Court, District
Udham Singh Nagar, in Misc. Criminal Case No. 04 of 2025,
titled 'Smt. Roshni vs. Shivshankar', whereby the
Revisionist has been directed to pay a sum of ₹4,000/- per
month as interim maintenance to Opposite Party No. 2, as
well as ₹4,000/- per month to Opposite Party No. 3, from
the date of filing of the application under Section 144 of the
Bharatiya Nagarik Suraksha Sanhita, 2023."
4. Learned counsel for the Revisionist submits that the
Revisionist earns a meagre amount of ₹31,800/- per month
as a commission agent for supplying oxygen cylinders. It is
further submitted that the award of ₹8,000/- per month is
unjust, as Respondent No. 2 (wife) has deserted him without
sufficient cause. Despite this, the learned Trial Court has
passed the impugned order. It is, however, submitted that
the Revisionist is willing to take responsibility for
maintaining his minor daughter, Respondent No. 3 - Manya.
5. Learned counsel for the Revisionist further submits
that although the chances of settlement between the parties
appear bleak, an effort should nevertheless be made in this
regard.
6. Admit.
7. Issue notice to the private Respondents.
8. Steps to be taken within one week.
9. Objections, if any, be filed by the Respondents.
10. The Revisionist has also prayed that the effect and
operation of the impugned judgment and order dated
26.08.2025, passed by the learned Additional Principal
Judge, Family Court, District Udham Singh Nagar, in Misc.
Criminal Case No. 04 of 2025 (Smt. Roshni vs.
Shivshankar), under Section 144 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, be stayed during the pendency of
the present revision.
11. List this matter on 09.12.2025.
12. 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 26.08.2025, passed by the
learned Additional Principal Judge, Family Court, District
Udham Singh Nagar, in Misc. Criminal Case No. 04 of 2025
(Smt. Roshni vs. Shivshankar), under Section 144 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, shall remain
stayed, subject to the condition that the Revisionist shall
pay 50% of the awarded amount per month as interim
maintenance to the private Respondents.
13. The Stay Application stands disposed of accordingly.
14. Considering the submissions made above, it is
observed that if any representation is made on behalf of
Respondent No. 2, the Court shall also consider it in the light
of the above observations.
(Ashish Naithani, J.)
07.10.2025
Shiksha
