Deepak Kumar vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(UK) 31

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Deepak Kumar – Appellant
Versus
State of Uttarakhand – Respondent

Advocates Appeared:
For the Revisionist : Mr. Bharat Singh, learned counsel
For the Respondent: Mr. G.C. Joshi, Mr. Vipul Painuly, learned AGA with Mr. Rakesh Negi, Mr. Sanjeev Singh, learned counsel

JUDGMENT :

Ashish Naithani, J.

The present Criminal Revision has been filed under Sections 397/401 Cr.P.C. read with Section 19(4) of the Family Courts Act challenging the impugned order dated 24.07.2023 passed by the learned Additional Judge, Family Court, Roorkee, District Haridwar in Misc. Criminal Case No.210 of 2022 titled “Aradhya Vs. Deepak Kumar” under Section 125 Cr.P.C.

2. By the impugned order, the learned Family Court allowed the interim maintenance application filed on behalf of respondent no. 2 (minor child) and directed the revisionist to pay a sum of Rs.8,000/- per month as interim maintenance from the date of filing of the application.

3. The marriage between the revisionist and the mother of respondent no. 2 was solemnized on 08.02.2018 according to Hindu rites and rituals. Out of the wedlock, a female child, namely respondent no. 2, was born.

4. Subsequently, disputes arose between the parties. The mother of the minor child moved an application under Section 125 Cr.P.C. before the Family Court, Roorkee seeking maintenance for the minor child. Along with the main petition, an application for interim maintenance was also filed.

5. The revisionist filed his written statem