IN THE HIGH COURT OF UTTARAKHAND AT

NAINITAL

Criminal Revision No.96 of 2020

18^th 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.

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, 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.)

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