Uttarakhand High Court
CRLR/753/2023 on 16 October, 2025
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reports, orders or
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Date COURT'S OR JUDGES'S ORDERS
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CRLR No. 753 of 2023
Hon'ble Ashish Naithani, J.
Mr. Siddhant Manral, learned counsel for the Revisionist.
2. Mr. Vikash Uniyal, learned Brief Holder for the State.
3. Mr. Aayush Gaur, learned counsel holding brief of Mr.
Dushyant Mainali, learned counsel for the Respondent no.2.
4. The present criminal revision under Section 438/442 of BNSS
is moved on behalf of the Revisionist to set-aside the impugned orders
dated 31.03.2023 as well as 19.09.2023 in so far as the Revisionist has
been directed to deposit 30% of the amount calculated at the rate of
Rs.15,000/- per month from the date of filing of application i.e.
23.11.2012 and further to direct the court below to set off the amount
of Rs.5,00,000/- per annum (being earned by the Respondent wife
from the Revisionist's immovable property) from the total calculated
amount of maintenance payable by the Revisioint husband and further
to direct the court below to set-off the amount already paid/deposited
by the Revisionist husband in compliance of earlier orders granting
ad-interim maintenance to the Respondent wife and further also to
direct the Respondents to give back the agriculture land of the
Revisionist to him as the same is being used by Respondent no.2 for
earning maintenance and the same amounts to double maintenance.
5. Learned counsel for the Revisionist filed Interim Relief
Application (IA No.03 of 2024) seeking stay of the impugned orders
dated 19.09.2023 passed by 1st Additional District Judge, Haldwani,
District Nainital in Criminal Appeal No.29 of 2023, titled as "Deep
Chandra Pandey vs. State & Others" filed under Section 29 of the
D.V. Act as well as the judgment/order dated 31.03.2023 passed by
learned Additional Chief Judicial Magistrate, Haldwani, District
Nainital in Misc. Criminal Case No.69 of 2013 (36/2024) titled as
"Shalini Pandey vs. Deep Chandra Pandey & Others", filed under
Section 12 of the D.V. Act to the extent that the requirement of
paying Rs. 15,000/- as maintenance w.e.f. 23.11.2012 be dispensed
with by adjusting the money earned by Respondent no.2 from the
agriculture land of the family of the Revisionist.
6. Perusal of the record shows that the Appellate Court vide order
dated 19.09.2023 directed the Revisionist to deposit 30% of the
awarded amount.
7. List this matter on 18.12.2025.
8. Till the next date of listing, the effect and operation of the
orders dated 19.09.2023 passed by 1st Additional District Judge,
Haldwani, District Nainital in Criminal Appeal No.29 of 2023, titled
as "Deep Chandra Pandey vs. State & Others", filed under Section
29 of the D.V. Act as well as the judgment/order dated 31.03.2023
passed by learned Additional Chief Judicial Magistrate, Haldwani,
District Nainital in Misc. Criminal Case No.69 of 2013 (36/2024)
titled as "Shalini Pandey vs. Deep Chandra Pandey & Others", filed
under Section 12 of the D.V. Act, shall remain stayed, subject to the
condition that 10% of the arrears amount be deposited before the
court below by the Revisionist, adjusting the amount so paid to the
Respondent no.2, out of which, 20%, as per the statement of the
learned counsel for the Revisionist, has already been deposited.
9. Interim Relief Application (IA No.03 of 2024) stands disposed
of.
(Ashish Naithani, J.)
16.10.2025
Akash
