CRLR/88/2025
2025 Latest Caselaw 4034 UK

Uttarakhand High Court

CRLR/88/2025 on 2 September, 2025

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                                 CRLR No. 88 of 2025
                                 Hon'ble Ashish Naithani, J.

Ms. Prabha Naithani, learned counsel for the revisionist.

2. Mr. N. S. Kanyal, learned A.G.A. assisted by Mr. Prabhat Kandpal, learned Brief Holder for the State.

3. Mr. Ankur Sharma, learned counsel for the respondent nos. 2 & 3.

4. The present criminal revision under Section 442 of BNSS is moved on behalf of the revisionist to reduce the amount of interim maintenance as awarded vide order dated 30.08.2024 by learned Additional Judge, Family Court, Rishikesh, District Dehradun in Misc. Case No.13 of 2022, titled as "Smt. Reena Negi & Another vs. Sri Adarsh Negi", under Section 125 of Cr.P.C., whereby the learned court below had allowed the application under Section 125 of Cr.P.C. and directed the revisionist to pay a sum of Rs. 10,000/- as maintenance for respondent no.2 & 3 per month.

Heard on the Delay Condonation Application (IA No.02/2025)

5. There is delay of 84 days in filing the present criminal revision.

6. Learned counsel for the revisionist makes a submission that the grounds for condoning the delay are solely of medical ailment of the revisionist, since he was not well, therefore, he could not file the present revision.

7. Learned counsel appearing on behalf of the State does not oppose the prayer for condoning the delay.

8. Accordingly, Delay Condonation Application (IA No. 02 of 2025) stands allowed and the delay of 84 days is hereby condoned.

9. Heard.

10. Admit.

11. Issue notice to the Respondent nos. 2 & 3, returnable within two weeks. Steps to be taken within one week.

12. Objections, if any, to be filed by the Respondent within a period of three weeks.

13. List this matter on 24.09.2025.

14. Till the next date of listing, the effect and operation of the impugned judgment and order dated 30.08.2024 passed by learned Additional Judge, Family Court, Rishikesh, District Dehradun in Misc. Case No.13 of 2022, titled as "Smt. Reena Negi & Another vs. Sri Adarsh Negi", under Section 125 of Cr.P.C., shall remain stayed, subject to the condition that the revisionist/husband shall pay 50% of the awarded amount as awarded by the learned court below, per month to the Respondent nos. 2 & 3.

15. Stay Application (IA No.01 of 2025) stands disposed of.

(Ashish Naithani, J.) 02.09.2025 Akash