Unknown vs State Of Uttarakhand And Another
2025 Latest Caselaw 4434 UK

Uttarakhand High Court

Unknown vs State Of Uttarakhand And Another on 18 September, 2025

                                                       2025:UHC:8343



  IN THE HIGH COURT OF UTTARAKHAND AT
                            NAINITAL
              Criminal Revision No.96 of 2020
                      18th September, 2025



Neeraj Kala                                      ........Revisionist

                               Versus

State of Uttarakhand and another            ......... Respondents


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Presence:-
Ms. Poonam Rauthan, learned counsel holding brief of Mr. Rajat
Mittal, learned counsel for the revisionist.
Mr. Prabhat Kandpal, learned Brief Holder for the State.
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Hon'ble Alok Mahra, J.

This Criminal Revision has been filed by the

revisionist challenging the judgment and order dated

02.01.2020 passed by learned Judge, Family Court,

Vikas Nagar Dehradun in Misc. Criminal Case No.94 of

2019, Yamini Uniyal Vs. Neeraj Kala', whereby the Family

Court allowed an application filed by respondent no.2 for

seeking interim maintenance under Section 125 of

Cr.P.C. with the direction to pay Rs.14,000/- per month

to respondent no.2.

2025:UHC:8343

2. Learned counsel for the revisionist would

submit that the court below has wrongly considered the

income of the revisionist; that, court below has also failed

to appreciate that the parents of the revisionist and his

20 years old sister are totally dependent upon him.

3. Learned counsel for the revisionist would

further submit that fixation of the income of the

revisionist of Rs.71,000/- by the Trial Court merely on

the basis of surmises and conjectures, the Court below

has also failed to appreciate that the Hon'ble Apex Court

has categorically stated in the catena of judgments that

at the time of fixation of the maintenance, the court

should have considered the concrete evidence available

on record in regard to the salary of the husband and the

aforesaid fact has totally been overlooked by the Trial

Court and trial court erred in not appreciating the fact of

the instant case.

4. Learned counsel for the State has opposed the

instant revision.

5. After hearing the leaned counsel for the parties

and after perusing the record, this Court does not find

any infirmity in the impugned judgment and order dated

02.01.2020 passed by learned Judge, Family Court,

2025:UHC:8343

Vikas Nagar Dehradun in Misc. Criminal Case No.94 of

2019, Yamini Uniyal Vs. Neeraj Kala', therefore, the

Criminal Revision is hereby dismissed. There shall be no

order as to costs.

(Alok Mahra, J.) 18.09.2025 BS

BALWANT

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eac bf28cdf4ba7ce8640c5820, postalCode=263001,

SINGH st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185 F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.09.19 10:46:56 +05'30'