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2025 DAILYLAW 2804 (UTT)

MANPREET v. STATE OF UTTARAKHAND

CRLR/104/2020 · 2025-10-09

Alok Mahra

body2025

Judgment text

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2025:UHC:8947 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No.104 of 2020 9th October, 2025 Smt. Manpreet and another ……..Revisionists Versus State of Uttarakhand and another ……… Respondents ---------------------------------------------------------------------- Presence:- Mr. Ankur Sharma, learned counsel for the revisionists. Mr. Deepak Bisht, learned DAG for the State. Mr. Pawan Mishra, learned counsel for respondent no.2. ---------------------------------------------------------------------- Hon'ble Alok Mahra, J. This Criminal Revision has been filed by the revisionists challenging the judgment and order dated 07.01.2020 passed by the learned Judge, Family Court, Vikasnagar, Dehradun in Misc. Criminal Case No. 27 of 2019, Smt. Manpreet and another vs. Shri Gurdev Singh, whereby the Family Court partly rejected the application filed by revisionist no.1 under Section 125 Cr.P.C. on the ground that she had left the company of respondent no.2 on her own sweet will, while granting maintenance of Rs. 6,000/- per month to revisionist no.2. 2025:UHC:8947 2 2. Learned counsel for the revisionists submits that the proceedings under Section 125 Cr.P.C. before the court below were conducted illegally, and therefore, the impugned order is liable to be set aside to the extent it denies maintenance to revisionist no.1. 3. Per contra, learned counsel for respondent no.2 submits that during the pendency of the present criminal revision, respondent no.2 filed a divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 against revisionist no.1, which was registered as Original Suit No. 103 of 2021, Gurdev Singh vs. Smt. Manpreet, before the learned Judge, Family Court, Vikasnagar, District Dehradun. The Family Court decreed the suit vide judgment dated 04.09.2023 on the grounds of cruelty and desertion, holding that revisionist no.1 had treated respondent no.2 with cruelty and had deserted him for more than two years. Aggrieved by the said decree, revisionist no.1 filed First Appeal No. 160 of 2023 before this Court, which is still pending consideration. 4. After hearing learned counsel for the parties and upon perusal of the record, this Court finds no infirmity or illegality in the impugned judgment and order dated 07.01.2020 passed by the learned Judge, Family 2025:UHC:8947 3 Court, Vikasnagar, Dehradun in Misc. Criminal Case No. 27 of 2019, Smt. Manpreet and another vs. Shri Gurdev Singh. Accordingly, the Criminal Revision is dismissed. 5. There shall be no order as to costs. (Alok Mahra, J.) 09.10.2025 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=fbbd191c8bdb8b16e8ca7937deaf72a17c02f e2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553D E5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.10.10 17:18:11 +05'30'