2025:UHC:8457 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 1109 of 2025 22 September, 2025 Moin --Petitioner Versus Sumayala --Respondent ---------------------------------------------------------------------- Presence:- Mr. Akshay Pradhan, learned counsel for petitioner-husband. Hon'ble Pankaj Purohit, J. By means of the present writ petition, petitioner has prayed for the following reliefs:- 1. Issue a writ, order or direction in the nature of Mandamus commanding the Learned Additional Principal Judge First, Family Court, Roorkee, District Haridwar, to decide the application of the petitioner dated 04.09.2025, bearing Paper No.16B/1 to 16B/2, filed in Miscellaneous Case No.29/2025, expeditiously and in a time bound manner, preferably on or before 24.09.2025. 2. Pending the final disposal of the application of the Petitioner dated 04.09.2025, bearing Paper No.16B/1 to 16B/2, filed in Miscellaneous Case No.29/2025, direct the Learned Additional Principal Judge First, Family Court, Roorkee, not to proceed further in Recovery Case No.29/2025, till the application dated 04.09.2025 of the Petitioner is decided. 3. Direct that the application dated 04.09.2025 and the recovery proceedings in Miscellaneous Case No.29/2025, be considered and decided strictly in accordance with the law laid down by the Hon’ble Supreme Court in Rajnesh v. Neha & Anr., Criminal Appeal No. 730 of 2020 [SLP(Crl.)No.9503/2018), particularly with regard to prevention of multiplicity of maintenance orders and adjustment of amounts awarded under different proceedings. 1 2025:UHC:8457 2. It is contended by learned counsel for the petitioner-husband that in a proceeding under Section 125 Cr.P.C. (under Section 144 BNSS,2023), petitioner was directed to pay the interim maintenance of Rs.3,000/- to respondent-wife by the learned Additional Principal Judge-First, Family Court, Roorkee, District Haridwar vide its order dated 15.05.2025. The proceeding is still pending. 3. It is further contended by him that the warrant has been issued by learned Additional Principal Judge-First, Roorkee, District Haridwar on 05.06.2025 against the petitioner-husband for recovery of amount of maintenance along with its arrears. Petitioner moved an application No.16B/1 to 16B/2 for recalling the warrant on 04.09.2025 on the ground that in a Domestic Violence Case being Misc. Case No.20 of 2024 between the parties, interim maintenance of Rs.3,000/- per month was directed to pay to respondent-wife by learned Judicial Magistrate-First, Roorkee, District Haridwar, vide order dated 21.02.2025 (which is still pending adjudication), while under Section 125 Cr.P.C. (Section 144 BNSS 2023) a sum of Rs.3,000/- as interim maintenance has also been directed by learned Additional Principal Judge First, Family Court, Roorkee, District Haridwar on 15.05.2025. 4. It was contended in the application, that these two amounts should have been considered before deciding the order for warrant. Further, the 2 2025:UHC:8457 said application was put up on the date fixed in the case i.e. 24.09.2025 for hearing. Thus, the petitioner is before this Court for expeditious disposal of the said application No.16B/1 to 16B/2. 5. Since, the prayer made by learned counsel for the petitioner is innocuous, therefore, learned Additional Principal Judge First, Family Court, Roorkee, District Haridwar, is directed to decide the application No.16B/1 to 16B/2 dated 04.09.2025 of the petitioner expeditiously but not later than 15 days from the date of production of certified copy of this order, in view of the law laid down by the Hon’ble Supreme Court in Rajnesh v. Neha & Anr., Criminal Appeal No. 730 of 2020 [SLP(Crl.) No.9503/2018). 6. In view of the above, the present writ petition is disposed of. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 22.09.2025 PN 3