Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 5057 (UTT)

DEEPA JOSHI v. GAURAV JOSHI

CRLR/201/2025 · 2025-06-26

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:5819 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 201 of 2025 26th June, 2025 Deepa Joshi ………Revisionist Versus Gaurav Joshi ………Respondent ---------------------------------------------------------------------- Presence:- Mr. M.K. Chand, Advocate for the revisionist. Mr. Shubham Pandey, Advocate for the respondent, through video conferencing. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. The present criminal revision is directed against the judgment and order dated 25.02.2025, passed by the court of learned Judge, Family Court, Champawat, District Champawat in Misc. Criminal Case No.54 of 2024, Deepa Joshi Vs. Gaurav Joshi, filed under Section 144 of B.N.S.S. 2023. 2. Facts of the case in brief are that revisionist is the wife of the respondent-Gaurav Joshi and she is seeking revision of the ex-parte judgment and order passed by learned judge, Family Court, Champawat, District Champawat, whereby vide order dated 25.02.2025 in Misc. Criminal Case No. 54 of 2024 filed under Section 144 of B.N.S.S., 2023 the learned Judge has granted maintenance amounting to ₹8,000/- per month to the revisionist-wife. 3. Learned counsel for the revisionist-wife submits that the court below has committed a grave irregularity by fixing a meager amount of ₹8,000/- per month as maintenance. He further submits that the revisionist-wife is unemployed and has no other source of income whereas the respondent-husband is posted as 1 2025:UHC:5819 Branch Manager in Canara Bank, Regional Office, Haldwani and is earning ₹1,18,000/- per month and also has various other movable and immovable properties. He further submits that it is a settled proposition of law that the revisionist-wife is entitled to live in a similar status and manner as was enjoyed by her in her matrimonial home. 4. The learned counsel for the respondent- husband opposed the enhancement of the maintenance and submitted that the respondent-husband works as a Field Officer in contractual capacity with the bank and is not posted as a Bank Manager. 5. Having heard learned counsel for the parties and on perusal of record and after taking into consideration the various deduction and liabilities this Court deems it fit to enhance the maintenance granted by the lower court below from ₹8,000/- to ₹15,000/-, per month. 6. Accordingly, the present criminal revision is allowed. The judgment and order dated 25.02.2025 passed by the learned Judge, Family Court, Champawat, District Champawat in Misc. Criminal Case No.54 of 2024, Deepa Joshi Vs. Gaurav Joshi is modified to the extent that the revisionist-wife will now receive ₹15,000/-, per month, as maintenance from the date of filing of the application dated 18.09.2024. (Pankaj Purohit, J.) 26.06.2025 SK 2