Extracted from the PDF above. The PDF is authoritative.
UKHC010102702026
2026:UHC:4929 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
CRLR/444/2026
Hon’ble Alok Mahra, J.
Mr. Lalit Sharma and Mr. Gaurav Kandapl, learned counsel for the revisionist.
2. Mr. Rishab Ranghar along with Mr. Prateek Handa (through Video Conferencing),
learned counsel for respondent no.1.
3. Mr. Pradeep Lohani, learned A.G.A. along with Mr. Manoj Bhatt, learned Brief Holder for the State/respondent no.2.
4. Present criminal revision has been preferred against the impugned judgment and order dated 20.05.2026 passed by the learned Judicial Magistrate First, Dehradun in Misc. Criminal Case No. 3312 of 2025, whereby the learned Magistrate directed the revisionist to pay a sum of ₹44,25,000/- to the respondent-wife towards arrears of maintenance for both the children for the period from December, 2022 to August,
2025.
5.
Learned counsel for the revisionist would submit that the marriage between the revisionist and the respondent was solemnized on 10.02.2000 according to Hindu rites and customs; that, out of the said wedlock, two children were born, who are presently residing with the respondent- wife; that, due to some matrimonial discord, the parties have been living separately since the year 2020; that, the respondent-wife filed an application under Section 23 of the Protection of Women from Domestic Violence
UKHC010102702026
2026:UHC:4929 Act, 2005 (“the D.V. Act”) seeking interim maintenance; that, learned Judicial Magistrate First, Dehradun, vide order dated 28.03.2024, partly allowed the said application and directed the revisionist- husband to pay a sum of ₹2,00,000/- per month towards the educational, medical and other expenses of the children.
6.
Learned counsel would further submit that aggrieved by the aforesaid order dated 28.03.2024, the revisionist preferred a criminal appeal and also moved an application seeking stay of the operation of the said order; that, the appellate court, vide
order dated 25.04.2024, rejected the stay application and listed the matter for further proceedings on 17.05.2024. Thereafter, the revisionist approached this Court by filing C- 482 No. 772 of 2024, wherein a Coordinate Bench of this Court, vide order dated 17.10.2024, directed the revisionist to pay a sum of ₹75,000/- per month towards maintenance to the respondent-wife.
7. He would further submit that subsequently the respondent-wife moved an application before the learned trial court seeking recovery of arrears of maintenance allegedly due from the revisionist; that, upon
consideration thereof, the learned trial court, vide the impugned order dated 20.05.2026,
directed the revisionist to pay a sum of ₹44,25,000/- towards arrears of maintenance within three months in three instalments, namely, two instalments of ₹15,00,000/- each and a third instalment of ₹14,25,000/-. Being aggrieved thereby, the present revision has been preferred.
8.
Learned counsel for the revisionist
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2026:UHC:4929 submits that while passing the order dated 17.10.2024, the Coordinate Bench of this Court recorded the undertaking of the revisionist-husband that he would pay a sum of ₹75,000/- per month towards the maintenance of his children and deposit the said amount in the bank account of the respondent-wife; that, since the passing of the said order, the revisionist has been regularly paying ₹75,000/- per month without any delay or default; that, no question of arrears of maintenance arises, particularly when C-482 No. 777 of 2024 is still pending consideration before this Court and the order dated 28.03.2024 awarding maintenance at the rate of ₹2,00,000/- per month is under challenge.
9. According to the revisionist, the learned trial court acted beyond its jurisdiction in calculating arrears for the period prior to 17.10.2024 and that too at the rate of ₹2,00,000/- per month, it is, therefore, contended that if any arrears are to be computed, the same can only be calculated from 17.10.2024 and not from 09.12.2022, rendering the impugned
order legally unsustainable.
10. Per contra, learned counsel for the respondent-wife submits that the order dated 17.10.2024 passed by the Coordinate Bench directing payment of maintenance at the rate of ₹75,000/- per month operates only prospectively. Consequently, according to the respondent, the arrears of maintenance accrued up to 17.10.2024 are liable to be computed at the rate of ₹2,00,000/- per month in terms of the
order dated 28.03.2024, and accordingly the arrears have rightly been determined; that, there is no
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2026:UHC:4929 observation in the order dated 17.10.2024 indicating that the reduced amount of ₹75,000/- per month would operate retrospectively. Hence, the learned trial court has rightly passed the impugned order.
11. In reply,
learned counsel for the revisionist submits that, at present, the revisionist is not in a financial position to pay the entire amount of arrears in one lump sum. It is, therefore, prayed that the revisionist may be permitted to liquidate the alleged arrears of maintenance by paying the same in suitable installments.
12. Learned counsel appearing for the respondent-wife fairly submits that he has no objection in case the revisionist is permitted to pay the amount of arrears in installments, subject to such terms and conditions as may be deemed fit and proper by this Court.
13. Having heard learned counsel for the parties and upon perusal of the record, this Court finds that the Coordinate Bench of this Court, while entertaining C-482 No. 772 of 2024, vide order dated 17.10.2024, recorded the undertaking of the revisionist-husband to pay a sum of ₹75,000/- per month towards the maintenance of the children and directed him to deposit the said amount in the account of the respondent-wife.
14. There is nothing on record to indicate that the interim maintenance order dated 28.03.2024 passed by the learned Judicial Magistrate First, Dehradun, awarding maintenance at the rate of ₹2,00,000/- per month, was stayed or set aside by any superior court. Consequently, the liability towards the arrears of maintenance accrued under the order dated 28.03.2024 continued
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2026:UHC:4929 to subsist till the modification made by this Court on 17.10.2024.
15. In view thereof, this Court does not find any jurisdictional error, illegality or perversity in the impugned order dated 20.05.2026 passed by the learned Judicial Magistrate First, Dehradun in Misc. Criminal Case No. 3312 of 2025 directing payment of maintenance arrears. However, considering the submission made on behalf of the revisionist that he is presently unable to discharge the entire liability in one lump sum, and further considering the fair stand taken by learned counsel for the respondent- wife, this Court deems it appropriate, in the interest of justice, to permit the revisionist to liquidate the outstanding amount of ₹44,25,000/- in five equal instalments.
16. Accordingly, the revisionist-husband shall pay the aforesaid amount in five equal installments, the first installment being payable on or before 10.08.2026 and the remaining four instalments at intervals of three months each thereafter. It is further
directed that, apart from the aforesaid arrears, the revisionist shall continue to pay maintenance at the rate of ₹75,000/- per month to the respondent-wife towards the maintenance of the children on or before the 10th day of each English calendar month.
17. Subject to the aforesaid directions, the present criminal revision stands disposed of.
18. Pending applications, if any, shall also stand disposed of.
(Alok Mahra, J.)
17.06.2026 Mamta