Meena Devi Soni vs Devendra Soni"
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Uttarakhand High Court

Meena Devi Soni vs Devendra Soni" on 17 October, 2025

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                               CRLR No.700 of 2025

                               Hon'ble Ashish Naithani, J.

Mr. Prem Prakash Singh Phartiyal, learned counsel for the Revisionist.

2. The present criminal revision is directed against the judgment and order dated 30.10.2021, passed by the court of learned Judge, Family Court, Kotdwar, District Pauri Garhwal, in Misc. Criminal Case No.112 of 2018, "Smt. Meena Devi Soni Vs. Devendra Soni", whereby directing the Revisionist to pay an amount of Rs.15,000/- per month as interim maintenance to the Respondent.

3. There is a delay of 1732 days' can only be considered on the ground that the Revisionist is a corporal in uniform in the Border Security Forces posted as a Constable, whereby benefit in this regard is given with the condition that he pays a fine of Rs.2,000/-, which shall be deposited in the Uttarakhand High Court Advocate Welfare Fund. In view thereof, the cause shown in the said application is sufficient to condone the delay. Accordingly, the delay is condoned, and the delay condonation application (IA No.1/2025) is allowed

4. Learned counsel for the Revisionist makes a submission that firstly the order impugned was passed without giving an ample opportunity of hearing to the Revisionist and hence an ex parte order was passed, and secondly the ground on which the learned Trial Court passed the maintenance allowance in favour of the Respondent is not legitimate as per his knowledge. While on the vacation, the Revisionist learnt that the Respondent is living with some another person, and hence the maintenance allowance so granted is not legitimate as per law.

5. Issue notice to the Respondent. Steps to be taken within a week. Counter affidavit to be filed within a period of three weeks.

6. Considering the overall facts and circumstances of the case, an interference is being called for in the matter.

7. Till the next date of listing, the effect and operation of the impugned judgment and order dated 30.10.2021, passed by the court of learned Judge, Family Court, Kotdwar, District Pauri Garhwal, in Misc. Criminal Case No.112 of 2018, "Smt. Meena Devi Soni Vs. Devendra Soni", shall remain stayed, subject to the condition that the Revisionist shall pay an amount of Rs.7,500/- per month as interim maintenance to the Respondent.

8. List this matter on 19.12.2025.

(Ashish Naithani, J.) 17.10.2025 Nitesh/