[Cites 3, Cited by 0]
Uttarakhand High Court
C528/345/2026 on 10 March, 2026
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528 No.345 of 2026
Hon'ble Alok Mahra, J.
Mr. C.S. Rawat and Mr. Vivek Kumar,
Advocates for the applicants.
and the respondent was solemnized on
19.02.2014, and a son was born from the
wedlock on 24.12.2024. Thereafter, the
respondent deserted the matrimonial home
on 22.06.2021. Applicant No. 1 filed a
petition under Section 9 of the Hindu
Marriage Act, 1955, which was decreed on
19.11.2025, directing the respondent to
return to the matrimonial home. Despite the
decree, the respondent continued to reside
at her paternal home. In the interregnum,
the respondent filed a petition under Section
13(1)(ia) of the Hindu Marriage Act, 1955,
seeking divorce on grounds of cruelty, which
was dismissed on 19.11.2025. Both the trial
court and appellate forum categorically held
that there was no evidence of cruelty
inflicted by the applicants upon the
respondent, and that she had left the
matrimonial home of her own volition,
without any coercion.
3. It is an admitted position that
applicant No. 1 suffered grievous injuries in
a road accident, resulting in permanent
disability to the extent of 75%. Both Courts
had funded the respondent's pursuit of B.A.
and B.Ed. degrees. In a malafide attempt to
harass and victimize the applicants, the
respondent lodged a complaint alleging
wrongful withholding of her Stridhan.
Respondent filed a criminal complaint
against the applicants under Section 406
I.P.C. Learned Additional Chief Judicial
Magistrate, Kashipur, District Udham Singh
Nagar vide order dated 14.01.2025 passed
an order that there are sufficient ground to
frame charge against the applicants under
Section 406 I.P.C. and fixed 15.02.2025 for
framing of charge against the applicants.
Applicants challenged the said order by filing
Criminal Revision, which too was dismissed
by learned Ist Additional Sessions Judge,
Kashipur, District Udham Singh Nagar on
06.12.2025. Hence, this criminal misc.
application.
4. The Additional Principal Judge, Family
Court, Kashipur, in Matrimonial Suit No.301
of 2021 has rendered categorical findings
that no evidence exists to substantiate any
cruelty meted out to the respondent by the
applicants, nor were any adverse
observations recorded regarding the
Stridhan. Any grievance pertaining to
Stridhan ought to have been agitated by the
respondent in the pending matrimonial
proceedings before the Family Court, rather
than pursuing parallel criminal proceedings.
5. Issue notice to the respondent,
returnable at an early date.
6. List after service report is received. By
that time, counter affidavit may be filed.
7. Considering the submission advanced
by learned counsel for the applicant, it is
directed that, till the next date of listing,
further proceedings of Criminal Case
No.4867 of 2021 pending in the Court of
learned Additional Chief Judicial Magistrate,
Kashipur, District Udham Singh Nagar, shall
remain stayed.
8. Stay application (I.A. No.1 of 2026)
stands disposed of.
(Alok Mahra, J.)
10.03.2026
Arpan
