2025:UHC:5127 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 364 of 2025 19 June, 2025 Kabir Khan --Revisionist Versus State Of Uttarakhand & another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Rajat Mittal, learned counsel for the revisionist. Mr. B.C. Joshi, learned AGA for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of present criminal revision, revisionist-husband has put to challenge the judgment and order dated 07.05.2025 passed by Additional Principal Judge, Family Court, Vikasnagar, District Dehradun in Misc. Criminal Case No.54 of 2025, Smt. Shafak Khan vs. Sri Kabir Khan under Section 144 BNSS, 2023, whereby the application moved by the respondent-wife-Shafak Khan for interim maintenance 8d has been allowed and the revisionist-husband was directed to pay to respondent-wife-Shafak Khan a sum of Rs.6,000/- per month as interim maintenance from the date of filing of the application i.e. 03.03.2025; it is further directed that the arrears of interim maintenance w.e.f. 03.03.2025 to April, 2025 was to be paid to the respondent-wife-Shafak Khan within a period of one month from the date of passing of the order dated 07.05.2025. The interim maintenance @ Rs.6,000/- per 1 2025:UHC:5127 month shall be paid to the respondent-wife-Shafak Khan on 10th of every month. 2. It is submitted by learned counsel appearing for the revisionist-husband that the order passed by the Family Court is based upon conjectures and surmises and against the evidence and material available on record; he further submits that the respondent-wife left her matrimonial house on her sweet will and revisionist- husband is a student and is studying optometry from Mahant Indresh Hospital, Dehradun; he has no source of income and he is completely dependent upon his father. 3. It is also argued by learned counsel for the revisionist that the learned Family Judge ignoring all these facts has granted the application for interim maintenance filed by the opposite party i.e. respondent- wife-Shafak Khan and granted excessive maintenance under Section 144 of BNSS, 2023 from the date of application. According to him, the impugned order is bad in law and without any weight of evidence. 4. Having heard learned counsel for the parties and having gone through the impugned judgment and order dated 07.05.2025, this Court is of the view that the order passed by learned Additional Principal Judge, Family Court is of an interim maintenance. From para 9 of the impugned judgment, it is revealed that during the period of three years, a sum of Rs.8,62,887/- was found deposited in the account of the revisionist –husband. The average of which comes more than Rs.23,000/- per month which has not been explained by the revisionist- husband as to how this amount was there in his account. The learned Family Judge further opined that the revisionist-husband is an able bodied person without 2 2025:UHC:5127 any serious ailment and physical incapacity and therefore, reached to this conclusion that he is liable to pay interim maintenance to the respondent-wife-Shafak Khan during the pendency of the application for maintenance. 5. From perusal of the impugned judgment and order, this Court is of the view that there is no illegality or impropriety in the order under revision, therefore, needs no interference by this Court. Accordingly, the criminal revision filed by the revisionist-husband is hereby dismissed in-limine. 6. However, it is made clear that whatever stated above is only for the purpose of dismissal of the present revision with regard to the interim maintenance. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 19.06.2025 AK 3