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2026 DAILYLAW 6627 (UTT)

NISHI KANT BADOLA v. SMT. SHIVANI BADOLA

CRLR/229/2024 · 2026-06-10

Alok Mahra

body2026

Judgment text

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2026:UHC:4650 SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CRLR No. 229 of 2024 Hon'ble Alok Mahra, J., Mr. Nitin Tewari, learned counsel for the revisionist. 2. Mr. Siddharth Bankoti, learned Legal Aid Counsel for the respondent. 3. The present Criminal Revision has been preferred against the judgment and order dated 10.01.2024, passed by the learned Judge, Family Court, Pauri Garhwal in Misc. Criminal Case No. 15 of 2023, titled as “Smt. Shivani Badola vs. Sri Nishi Kant Badola”, instituted under Section 125 of the Code of Criminal Procedure, 1973, whereby the learned Family Court allowed the application of the respondent-wife and directed the revisionist-husband to pay maintenance at the rate of Rs.12,000/- per month from the date of filing of the application, i.e., with effect from 21.03.2023. 4. During the pendency of the present Criminal Revision, the parties have amicably resolved their matrimonial disputes and have decided to part their ways by mutual consent. 5. In furtherance of the aforesaid settlement, the parties have instituted proceedings under Section 27 of the Uniform Civil Code, Uttarakhand before the learned Family Court, Pauri Garhwal, being Case No. 26 of 2026. A copy of the first motion petition has been brought on record by way of supplementary affidavit and is annexed thereto as Annexure No. SA-1. 6. Learned counsel for the parties submit that, in terms of the settlement arrived at between them, the respondent-wife, Smt. Shivani Badola, has voluntarily agreed to relinquish and forgo her claim for maintenance, stating that she is gainfully employed as a teacher and is capable of maintaining herself independently. 7. Having considered the submissions advanced by the learned counsel for the parties and upon perusal of the material available on record, this Court finds that the matrimonial dispute between the parties has been amicably settled and the parties have already initiated proceedings for dissolution of marriage by mutual consent under Section 27 of the Uniform Civil Code, Uttarakhand. The respondent-wife has also unequivocally stated that she does not wish to pursue her claim for maintenance and has voluntarily relinquished the benefit of the maintenance awarded by the learned Family Court. 8. In view of the subsequent settlement arrived at between the parties and the statement of the respondent-wife foregoing her claim for maintenance, no useful purpose would be served in keeping the present revision pending. Accordingly, the impugned judgment and order dated 10.01.2024 passed by the learned Judge, Family Court, Pauri Garhwal in Misc. Criminal Case No. 15 of 2023 is set aside in terms of the settlement arrived at between the parties. 9. Accordingly, the present Criminal Revision stands disposed of in terms of the settlement arrived at between the parties. 10. Pending applications, if any, shall stand disposed of. (Alok Mahra, J.) 10.06.2026 Shiksha