DHEERAJ SINGH Vs. STATE OF UTTARAKHANDAND

JUDGEMENT

(1.) By means of the present criminal revision, the revisionist has put to challenge the impugned judgment and order dtd. 5/6/2025 passed by learned Additional Principal Judge, Family Court, Khatima, District Udham Singh Nagar in Misc. Criminal Case No.16 of 2025 Jyoti Bora Vs. Dheeraj Singh, whereby, the application filed by the respondent No.2 for interim maintenance was allowed and the revisionist was directed to pay Rs.4,000.00per month as interim maintenance, on 10th day of each month from the date of filing that application for interim maintenance.

(2.) Learned counsel for the revisionist submits that the revisionist-husband and respondent No.2-wife were got married on 23/11/2024 as per Hindu rites and rituals, but, later on some marital discord cropped up between the husband and the wife. Thereafter, the respondent No.2-wife had instituted a Misc. Criminal Case under Sec. 144 of the BNSS 2023 before the learned Additional Principal Judge, Family Court, Khatima, District Udham Singh Nagar with the false averments. He further submits that the respondent No.2 only remained 25 days in her matrimonial house and left the matrimonial house on 18/12/2024 without any sufficient reason, therefore, she is not entitled for any maintenance from her husband as provided under Sec. 144(4) of the BNSS 2023, but learned Family Court had not considered the said fact at the time of allowing the application of respondent No.2 for interim maintenance.

(3.) It is further contended by him that the revisionist had produced affidavit showing his assets/income, which reveals that his income is only Rs.6,000.00 per month and the interim maintenance was granted @Rs.4,000.00 per month, thus, the impugned order is completely based on presumption without assessing the actual income of the revisionist, and therefore, is totally erroneous, patently illegal and bad in the eyes of law.