Sanjay v. Smt. Kavita Kahyap

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

CRLR/564/2025 Sanjay --Revisionist Versus Smt. Kavita Kahyap --Respondent Hon'ble Alok Mahra, J.

Mr. Harsh Vardhan Dhanik, learned counsel for the revisionist.

Mr. Pradeep Chamyal, counsel for the respondents.

¶2The present Criminal Revision has been preferred against the judgment and order dated 05.11.2024, passed by the learned Principal Judge, Family Court, Dehradun, in Misc. Criminal Case No. 56 of 2024, "Smt. Kavita Kashyap and Another vs. Sanjay", under Section 125 of the Code of Criminal Procedure, 1973, whereby the learned Principal Judge directed the revisionist to pay interim maintenance of Rs. 5,000/- per month to the respondents.

¶3Learned counsel for respondents submitted that respondent no. 1 is a homemaker and has no independent source of income. It is submitted that on account of the interim orders passed by this Court, she has been facing severe financial hardship in maintaining herself and her minor son. Learned counsel further submitted that vide interim order dated 09.10.2025, passed by the Coordinate Bench of this Court, the operation of the order dated

05.11.2024, whereby interim maintenance had been awarded in favour of respondent no. 1 and her minor son, was stayed. Thereafter, vide order dated 27.11.2025, the said interim

order was modified to the extent that the revisionist was directed to deposit 30% of the arrears of interim maintenance awarded by the learned Family Court. It is, however, submitted that despite the aforesaid modification, the respondents have remained deprived of the regular monthly interim maintenance and are facing considerable hardship.

¶4Heard learned counsel for the parties and perused the record.

¶5Having considered rival submissions and upon perusal of the record, this Court finds that the learned Principal Judge, Family Court, Dehradun had awarded only Rs. 5,000/- per month towards interim maintenance in favour of the respondents. It is not disputed that respondent no. 1 is a homemaker and has no independent source of livelihood. The purpose of granting interim maintenance is to provide immediate financial support to the spouse and the minor child during the pendency of the proceedings so that they are able to maintain themselves with dignity. Accordingly, the interim order dated 09.10.2025, as modified by order dated

27.11.2025, is hereby vacated. Consequently, the order dated

05.11.2024, passed by Principal Judge, Family Court, Dehradun, shall operate in full force. The revisionist is directed to pay interim maintenance to respondents regularly in terms of the said order on or before the 10th day of every succeeding month and shall also clear the arrears, if any, in accordance with law.

¶6Learned counsel for the revisionist further submitted that the revisionist is ready and willing to keep respondents with him and desires to make sincere efforts for reconciliation.

¶7Considering the nature of

dispute and with a view to exploring the possibility of an amicable settlement between parties, Principal Judge, Family Court, Dehradun is requested to undertake counselling/conciliation proceedings in accordance with law.

¶8With the aforesaid observations and directions, the present Criminal Revision stands disposed of.

(Alok Mahra, J.) 29-07-2026 SB