2025:UHC:8343 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No.96 of 2020 18th September, 2025 Neeraj Kala ……..Revisionist Versus State of Uttarakhand and another ……… Respondents ---------------------------------------------------------------------- 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. ---------------------------------------------------------------------- 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. 2025:UHC:8343 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, 2025:UHC:8343 3 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.) 18.09.2025 BS BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eac bf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185 F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.09.19 10:46:56 +05'30'