CRLR/632/2025
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Uttarakhand High Court

CRLR/632/2025 on 23 September, 2025

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                                  CRLR No. 632 of 2025
                                  Hon'ble Ashish Naithani, J.

Mr. D. N. Sharma along with Ms. Manju Bahuguna, learned counsel for the revisionist.

2. Mr. S. S. Chauhan, learned D.A.G. assisted by Mr. Bhaskar Ch. Joshi, learned A.G.A. and Mr. Vikash Uniyal, learned Brief Holder for the State.

3. 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 Udham Singh Nagar in Misc. Criminal Case No.300 of 2023, titled as "Smita Mandlik and Another vs. Shashank Mandlik", filed under Section 125 of Cr.P.C.

4. Learned counsel for the revisionist/husband makes a submission that there is one aspect which the court below overlooked, i.e. the financial status of the Respondent no.1/wife, for which there is a document (Haisiyat Praman Patra) being filed on behalf of the Revisionist/husband as Paper No.61, which was issued by the Office of Sub-Divisional Magistrate, Rudrapur, District Udham Singh Nagar, in which the financial assets regarding Respondent no.1 has been evaluated to the tune of `18,68,000/-.

5. He would further submit that the order of maintenance dated 06.08.2025 of `25,000/- per month has been passed against the Revisionist/husband in favour of the respondents; the learned court below has committed an error in awarding maintenance retrospectively from 04.09.2023, thereby saddling the Revisionist with a huge arrears liability, without recording any justification for granting retrospective effect, such direction is arbitrary and unsustainable in the eyes of law, therefore, the same deserves to be set-aside.

6. Considering the submissions advanced by the learned counsel on behalf of the Revisionist, interference is being called for in the matter.

7. Admit.

8. Issue notice to the Respondent no.2, returnable within two weeks. Steps to be taken within one week.

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

10. List this matter on 10.11.2025.

11. 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 Udham Singh Nagar in Misc. Criminal Case No.300 of 2023, titled as "Smita Mandlik and Another vs. Shashank Mandlik", filed under Section 125 of Cr.P.C, shall remain stayed subject to the condition that the Revisionist/husband shall pay half of the amount as awarded by the learned Principal Judge, Family Court, District Udham Singh Nagar in Misc. Criminal Case No.300 of 2023, per month to the Respondent/wife.

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

(Ashish Naithani, J.) 23.09.2025 Akash