2025:UHC:6294 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No.257 of 2023 15th July, 2025 Vijay Tamta ……….Revisionist Versus Smt. Neetu Tamta and another ……….Respondents ---------------------------------------------------------------------- Presence:- Mr. Pawan Mishra, Advocate for the revisionist. Mr. Ashutosh Thakral, Advocate for respondent no.1. Mr. S.S. Chauhan, D.A.G. with Mr. Vikash Uniyal, B.H. for the State/respondent no.2. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of this criminal revision the revisionist is seeking quashing of judgment and order dated 29.03.2023 passed by Vth Additional District Judge, Dehradun, in Criminal Appeal No.121 of 2022, Vijay Tamta Vs Smt. Neetu Tamta as well as order dated 27.05.2022 passed by Ist learned Additional Chief Judicial Magistrate, Dehradun in Misc. Case No.1756 of 2021 Smt. Neetu Tamta Vs. Vijay Tamta and others, under Section 23 of Protection of Women from Domestic Violence Act, 2005. 2. Facts in brief are that learned Ist Additional Chief Judicial Magistrate, Dehradun ordered the present revisionist to pay interim maintenance amounting to Rs.6000/- per month to his son and Rs.4000/- per month to his wife u/s 23 of Protection of Women from Domestic Violence Act, 2005 vide order dated 27.05.2022 and the learned Vth Additional District Judge, Dehradun vide order dated 29.03.2023 dismissed the appeal against the said order. Hence, this criminal revision. 1 2025:UHC:6294 3. Learned counsel for the revisionist submits that the courts below have erred in law by passing the judgment against the settled provision of law and without looking into the evidence on the record. He further submits that the judgments are based entirely on conjecture and surmises. He submits that the only source of income of revisionist is his monthly salary which is amounting to Rs.70,000/- and the learned court below have failed to consider that his liabilities are amounting to approximately Rs.52,000/- per month and has also failed to consider that one of the revisionist’s son is also living with him and he is liable to maintain him and on top of that the revisionist is also paying the school fees, tuition fees and uniform fees of the son who is living with respondent no.1. 4. The learned counsel for the revisionist further submits that respondent no.1 is living in a house which has been constructed by the revisionist and he is still paying the monthly installment of the same. He also submits that the respondent no.1 has let out the ground floor of the said house and is earning Rs.6,000/- per month as rental income. He also submits that respondent no.1 is highly qualified and is capable of maintaining herself. 5. Per contra, learned counsel for the respondent no.1 opposed the claim of the revisionist and submitted that the revisionist is earning Rs.1,00,000/- per month and interim maintenance amounting Rs.10,000/- per month is too meager for this Court to consider. Learned counsel for the respondent no.1 submitted that respondent no.1 prayed for ₹30,000/- interim maintenance in her application. Respondent no.1 also challenged the judgment and order dated 27.05.2022 2 2025:UHC:6294 passed by learned trial court in Criminal Appeal No.60 of 2022 but the criminal appeal preferred by respondent no.1 was dismissed. The said judgment and order has not been challenged by respondent no.1. He further argued that the judgment and order passed by learned trial court is an interim order and the final adjudication is yet to be done. 6. Having heard the learned counsel for the parties and after perusal of the material available on record this Court does not deem it fit to interfere with the judgment passed by the courts below as it is a settled principle of law that the wife is entitled to enjoy the same status as she was enjoying when she was living with her husband and this court is of the opinion that the interim maintenance awarded by the learned courts below is justified. 7. Accordingly the criminal revision being bereft of merit is hereby dismissed. (Pankaj Purohit, J.) 15.07.2025 R.Dang 3