Uttarakhand High Court
Hon'Ble Ashish Naithani vs Smt. Suman on 29 October, 2025
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CRLR No. 697 of 2025
Hon'ble Ashish Naithani, J.
Mr. Vaibhav Singh Chauhan, learned counsel holding brief
of Mr. Sagar Kothari, 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 26.09.2025 passed by learned
4th Additional Session Judge, Dehradun in Criminal Appeal No.127
of 2025, titled as "Tapeshwar Singh & Others vs. Smt. Suman
Dhanai Chauhan & Anr." and in consequence setting-aside the
order dated 04.04.2025 passed by learned Judicial Magistrate/1st
Additional Civil Judge (Jr. Div), Dehradun in Criminal Misc. Case
No.1302 of 2024, titled as "Smt. Suman Dhanai vs. Tapeshwar
Singh & Anr." under Section 23 of Protection of Women from
Domestic Violence Act, 2005.
3. Learned counsel for the Revisionist makes a submission that
while passing the impugned judgment and order dated 26.09.2025,
the learned court has ignored the material evidence available on
record; the learned court below ignored the fact that the
Respondent no.1 is earning Rs.20,000/- per month, hence, she is
not entitled to get any relief.
4. Learned counsel for the Revisionist makes a further
submission that the learned court below have failed to take into
consideration the serious condition of the parents of the Revisionist
and also the fact that the Revisionist has to spend good amount of
money in their medical treatment as well.
He further makes a submission that the impugned orders
passed in favour of the Respondent is against the law, therefore, the
same are 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
judgment and order dated 04.04.2025 passed by learned Judicial
Magistrate/1st Additional Civil Judge (Jr. Div), Dehradun in
Criminal Misc. Case No.1302 of 2024, titled as "Smt. Suman
Dhanai vs. Tapeshwar Singh & Anr." under Section 23 of
Protection of Women from Domestic Violence Act, 2005, shall
remain stayed, subject to the condition that the Revisionist shall
pay half of the interim maintenance as awarded by the learned
Judicial Magistrate/1st Additional Civil Judge (Jr. Div), Dehradun,
per month to the Respondents.
11. Stay Application (IA No.01 of 2025) stands disposed of.
(Ashish Naithani, J.)
29.10.2025
Akash
