Hon'Ble Ashish Naithani vs Sharwan Kumar Chaudhary" Under Section ...
2025 Latest Caselaw 4420 UK

Uttarakhand High Court

Hon'Ble Ashish Naithani vs Sharwan Kumar Chaudhary" Under Section ... on 18 September, 2025

             Office Notes,
            reports, orders
            or proceedings
SL.   Dat
             or directions                            COURT'S OR JUDGE'S ORDERS
No.    e
            and Registrar's
              order with
              Signatures

                              CRLR No. 591 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Pradeep Chamyal, learned counsel for the Revisionist.

2. The present Criminal Revision has been filed with a prayer to allow the same and to quash/set-aside the impugned order dated 31.07.2025, passed by the learned Principal Judge, Family Court, Udham Singh Nagar in Misc. Criminal Case No. 145/2020, "Smt. Anshu Chaudhary vs. Sharwan Kumar Chaudhary" under Section 125 Cr.P.C.

3. Learned counsel for the Revisionist submits that, at the outset, Respondent-Smt. Anshu Chaudhary had proposed marriage to the Revisionist but concealed the fact that she was already in a matrimonial relationship, meaning thereby that she was already married.

4. Since she was already married and her husband was alive at the time the Revisionist and Respondent No. 1 got married, she could not have claimed the maintenance awarded by the trial Court.

5. Learned Trial Court failed to appreciate this issue and, without considering the relevant legal provisions, awarded a sum of Rs. 10,000/- per month as maintenance in favour of the Respondent.

6. The Revisionist has also prayed that the effect and operation of the impugned judgment and order dated 31.07.2025, passed by the learned Principal Judge Family Court, Udham Singh Nagar in Misc. Criminal Case No. 145/2020, "Smt. Anshu Chaudhary vs. Sharwan Kumar Chaudhary", be stayed during the pendency of the present Revision.

7. Admit.

8. Issue notice to the Respondent.

9. Steps to be taken within one week.

10. Objections/counter affidavit, if any, be filed by the Respondents.

11. List this matter on 04.11.2025.

12. As an interim measure, it is directed that, till the next date of listing, the effect and operation of the impugned judgment and order dated 31.07.2025, passed by the learned Principal Judge Family Court, Udham Singh Nagar in Misc. Criminal Case No. 145/2020, "Smt. Anshu Chaudhary vs. Sharwan Kumar Chaudhary", shall remain stayed, subject to the condition that the Revisionist shall pay 50% of the awarded amount per month as interim maintenance to Respondent.

13. The Stay Application stands disposed of accordingly.

(Ashish Naithani, J.) 18.09.2025 Shiksha