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2025:UHC:11373

Reserved on 19.11.2025

Delivered on 19.12.2025

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

Criminal Revision No.109 of 2024

Mohd. Arshad ......Revisionist

Vs.

State of Uttarakhand & Others …..Respondents

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Presence:-

1. Mr. Bilal Ahmed, learned counsel for the Revisionist.

2. Mr. Vipul Painuly, learned A.G.A. for the State.

3. Mr. Pranav Singh and Mr. Manvendra Singh, learned counsel for

the Respondent nos.2 & 3.

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Hon'ble Ashish Naithani, J.

The present Criminal Revision has been instituted

under Sections 397 and 401 of the Code of Criminal

Procedure, 1973, read with Section 19 sub-section (4) of the

Family Courts Act to question the legality and correctness of

the judgment and order dated 01.12.2023 passed by the

Judge, Family Court, Vikas Nagar, District Dehradun in

Misc. Case No. 36 of 2022, whereby the application under

Section 125 CrPC filed by Respondent No. 2 was allowed and

the Revisionist was directed to pay maintenance of

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Criminal Revision No. 109 of 2024 “Mohd. Arshad vs. State of Uttarakhand &

Others.”

Ashish Naithani J.

2025:UHC:11373

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10,000/- per month to the Respondent no.2 (wife) and

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8,000/- per month to the minor daughter i.e. Respondent

no.3.

2. The challenge essentially is to the finding of

entitlement as well as to the quantum of maintenance

awarded.

3. Heard learned counsel for the Revisionist, learned

State counsel and learned counsel for Respondent Nos.2 and

3, and have examined the record available on file.

4. The marriage between the Revisionist and

Respondent No. 2 was solemnized on 13.05.2012 in

accordance with Muslim rites and customs. From the

wedlock, Respondent No. 3, a daughter, was born.

5. The marital relationship did not remain cordial.

Differences arose between the spouses, culminating in

Respondent No. 2 leaving the matrimonial home and

residing separately along with the minor child.

6. Alleging that the Revisionist neglected and refused

to maintain her and the minor daughter despite having

sufficient means, Respondent No. 2 instituted proceedings

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Criminal Revision No. 109 of 2024 “Mohd. Arshad vs. State of Uttarakhand &

Others.”

Ashish Naithani J.

2025:UHC:11373

under Section 125 CrPC before the Family Court, Vikas

Nagar.

7. Evidence was led by the parties by way of affidavits

and supporting material. Upon appreciation thereof, the

Family Court recorded findings on entitlement and quantum

and passed the impugned order awarding maintenance.

8. It is this order which has been assailed in revision.

9. Learned counsel for the Revisionist submitted that

the Family Court failed to appreciate that Respondent No. 2

had not established any justifiable cause for living

separately and that she had deserted the Revisionist.

10. It was argued that the burden lay upon

Respondent No. 2 to prove neglect and inability to maintain

herself, which burden, according to learned counsel, was not

discharged.

11. Learned counsel further contended that the Family

Court proceeded to fix maintenance without any

documentary proof of income of the Revisionist and that the

quantum awarded is excessive and beyond his paying

capacity.

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Criminal Revision No. 109 of 2024 “Mohd. Arshad vs. State of Uttarakhand &

Others.”

Ashish Naithani J.

2025:UHC:11373

12. Emphasis was laid on the plea that Respondent

No. 2 is educationally qualified and gives tuitions and

therefore is not entitled to maintenance.

13. It was also urged that the Revisionist is required to

support his aged parents who are suffering from ailments

and that his financial condition deteriorated after the

lockdown period.

14. On these premises, it was submitted that the

impugned order suffers from material irregularity and

warrants interference.

15. Learned counsel for Respondent Nos. 2 and 3

opposed the revision and submitted that the Family Court

has carefully considered the pleadings and material and

recorded findings which are neither perverse