2025:UHC:5126 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 368 of 2025 19 June, 2025 Narender Singh Mehra --Revisionist Versus Kiran Mehra --Respondent ---------------------------------------------------------------------- Presence:- Mr. Abhishek Verma, learned counsel for the revisionist (appeared through V.C.). ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of present criminal revision, revisionist-husband has put to challenge the order dated 24.05.2025, passed by Judge, Family Court, Champawat in Misc. Criminal Case No.04 of 2024, Smt. Kiran Mehra vs. Narender Singh Mehra, whereby the maintenance- petition moved by the respondent-wife under Section 125 Cr.P.C. has been allowed and the revisionist-husband was directed to pay a sum of Rs.3,000/- per month to respondent-wife from the date of filing of the petition i.e. 08.05.2024. 2. The impugned order is challenged by the revisionist-husband only on the ground that no affidavit has been filed by either of the parties before the trial court in view of the law laid down by Hon’ble Supreme Court in the case of Rajnesh vs. Neha & another; (2021) 2 SCC 324. The attention of this Court has been drawn by learned counsel for the revisionist on para 17 of the impugned order, wherein the learned trial court has also made an observation that none of the parties has filed any affidavit regarding disclosure of their 1 2025:UHC:5126 respective property and income. 3. This Court finds force in the submission made by learned counsel for the revisionist. In view of the judgment passed by Hon’ble Supreme Court in the case of Rajnesh (Supra), it is obligatory on both the parties to file their respective affidavit regarding their property and income so that a just and fair maintenance could be awarded in favour of the revisionist. 4. In view of the aforesaid facts, this Court is of the view that the matter deserves to be remanded to the learned Judge, Family Court, Champawat. Accordingly, the present criminal revision is allowed. Judgment and order dated 24.05.2025 passed by learned Judge, Family Court, Champawat is hereby quashed. The matter is remanded to the learned Judge, Family Court, Champawat with a direction to provide an opportunity to the parties to submit their respective affidavit regarding their income and property in the light of judgment of Rajnesh (Supra) and to decide the matter afresh. 5. However, it is made clear that the revisionist- husband shall keep on paying a sum of Rs.3,000/- per month to his wife-Smt. Kiran Mehra from today during the pendency of the revision which shall be considered as an interim maintenance. 6. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 19.06.2025 AK 2 2025:UHC:5126 3