Uttarakhand High Court
Unknown vs Sri Kamlesh on 29 October, 2025
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
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CRLR No. 716 of 2025
Hon'ble Ashish Naithani, J.
Mr. Akshit Gururani, learned counsel for the Revisionist.
2. The present criminal revision under Section 438/442 of
BNSS is moved on behalf of the Revisionist to set-aside the
impugned judgment and order dated 06.08.2025 passed by learned
Principal Judge, Family Court, District Nainital in Misc. Criminal
Case No.85 of 2023 titled as "Smt. Shailja Bora vs. Sri Kamlesh
Singh Bora".
3. Learned counsel for the Revisionist/husband makes a
submission that the learned Family Court has failed to consider that
the Respondent/wife is living separately without any valid reason
and also that the Revisionist is a daily rated labourer and earning a
meagre amount of Rs.40,000/- per month only, out of which the
Revisionist has to pay for the rented room and his personal
necessities, further the Revisionist is having liability of his old aged
ailing parents.
He further makes a submission that the Family Court has
also failed to appreciate the fact that the Respondent/wife is well
educated lady having M.A. (Economics) degree.
4. Learned counsel for the Revisionist/husband makes a further
submission that the learned Family Court has committed a patent
error of law in awarding the maintenance in favour of the
Respondent/wife as it is settled preposition of law that a wife who
is residing separate from husband without any sufficient reason is
not entitled to get any maintenance from the husband
He further makes a submission that the impugned order
passed by the Family Court in favour of the Respondent/wife is
perverse and against law and facts of the case, therefore, the same
is liable to be set-aside.
5. Considering the submissions advanced by the learned
counsel on behalf of the Revisionist/husband, interference is being
called for in the matter.
6. Admit.
7. Issue notice to the 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 23.12.2025.
10. Till the next date of listing, the effect and operation of the
impugned judgment and order dated 06.08.2025 passed by learned
Principal Judge, Family Court, District Nainital in Misc. Criminal
Case No.85 of 2023 titled as "Smt. Shailja Bora vs. Sri Kamlesh
Singh Bora", shall remain stayed, subject to the condition that the
Revisionist/husband shall pay half of the interim maintenance as
awarded by learned Principal Judge, Family Court, District
Nainital, per month to the Respondent/wife.
11. Stay Application (IA No.01 of 2025) stands disposed of.
(Ashish Naithani, J.)
29.10.2025
Akash
