Smt Jyoti Thapliyal vs Mayank Bhatt

Hon’ble Siddhartha Sah, J. (Oral)

By means of the present Criminal Revision, the revisionist has assailed the order dated 07.08.2026, passed by the Principal Judge, Family Court, Dehradun, by means of which the application for interim maintenance has been rejected.

The proceedings of the case emanates out of an application under Section 144 of the BNSS, by which, an amount of ₹40,000 per month has been sought as maintenance against the husband/respondent. Along with the maintenance application, an application for interim maintenance was also filed by the revisionist. The interim maintenance application has been rejected by the Principal Judge, Family Court, Dehradun on the ground that the revisionist had left the matrimonial home and at the time of leaving the matrimonial home had given a letter dated 19.01.2023 stating that she is leaving the matrimonial home on her own without any pressure, and her mother and brother are with her, and she is also taking along valuable jewellery. The ceremonial ring has been left back, and she would further reside in her maika in Sauda Saroli, Raipur. Another document relied upon by the learned Principal Judge, Family Court, Dehradun is an assurance letter, which was filed along with her affidavit of assets and liabilities, in which the revisionist had stated that in future she will have no concern with Rohit Rawat and in future she will not contact him, nor will she meet him physically. If such a thing happens, the entire responsibility will be of the revisionist and her parents. The said document has been written by her in her senses without any pressure.

Based on the aforesaid two documents, the learned Principal Judge, Family Court, Dehradun has come to a conclusion that the revisionist has no plausible reason for living separately from her husband, and it appears that she is living away and that she has deserted her in-laws' place and is residing in her maika on her own free will.

The learned Principal Judge, Family Court, Dehradun has further inferred that there is no reasonable ground proved by the revisionist and it appears that the revisionist is residing in her maika separately from the husband on her own. Relying upon Section 144(4) of the BNSS, the application for interim maintenance has been rejected.

Learned counsel for the revisionist would submit that the documents relied upon by the learned Principal Judge, Family Court, Dehradun were written/submitted by the revisionist under duress, and such a document cannot be taken into consideration for any purpose whatsoever. Later on, before the Women's Cell, the revisionist expressed her desire to live with her husband, however, the husband/respondent refused to take along the wife.

On such grounds, the learned counsel for the applicant urges the Court to allow the Criminal Revision.

After considering the submissions advanced by the learned counsel for the revisionist and going through the record, the impugned order dated 07.08.2026, passed by the Principal Judge, Family Court, Dehradun is based on certain documents which reflect that the revisionist is residing in her maika on her own will and she has deserted her in-laws' place. This Court, after going through the record and the impugned order, does not find any infirmity or jurisdictional error in the impugned order. However, the reasons so relied upon by the learned Principal Judge, Family Court, Dehradun may be reasons to reject the application for interim maintenance.

Learned counsel for the revisionist urges the Court that these particular documents relied upon by the learned Principal Judge, Family Court, Dehradun may not come in the way of the final adjudication of the application under Section 144 of the BNSS.

The case under Section 144 of the BNSS is at its initial stage. Therefore, there is no scope for interference in the present Criminal Revision.

The Criminal Revision is accordingly dismissed with the observation that any finding recorded in the impugned order dated 07.08.2026 will not come in the way of the final adjudication of the application under Section 144 of the BNSS, and the same shall be decided finally on its own merit without being influenced by the findings recorded in the impugned order.

Pending application, if any, stands disposed of accordingly.