This criminal revision is filed against the
judgment and order dated 02.07.2025, passed by the
learned Judge, Family Court, Nainital, in Misc. Criminal
Case No. 62 of 2023, titled Haripriya Mawri vs. Mohan
Singh Mawri. By the impugned order, the learned trial
court, while exercising jurisdiction under Section 127 of the
Cr.P.C. (corresponding to Section 146 of the Bharatiya
Nagarik Suraksha Sanhita, 2023), enhanced the monthly
maintenance amount from Rs. 45,000/- to Rs. 70,000/-,
payable by the respondent to the revisionist. The enhanced
maintenance is directed to be paid with effect from the date
of the order, i.e. 02.07.2025.
2. Facts of the case are that revisionist filed an
application under Section 127 of the Criminal Procedure
Code, stating that she had previously filed Criminal Misc.
Case No.54/2009 against her husband, where the court
initially awarded her Rs.12,000/- per month as
maintenance through an order dated 29.01.2011. Both
parties challenged the order through criminal revisions in
the Uttarakhand High Court, which on 03.07.2018
disposed of both petitions by allowing the revisionist’s
2025:UHC:7131
revision and increasing the maintenance to Rs.45,000 per
month, effective from 21.04.2011. At that time, the
husband’s monthly income was determined to be
Rs.1,05,368/-. The revisionist claimed that her husband’s
income has substantially increased to Rs.2,85,192 per
month, while her own health has deteriorated, preventing
her from working as a temporary post office agent. Her
parents are deceased, and due to rising inflation and
medical needs, her expenses have increased significantly.
She stated that she is solely dependent on the maintenance
for survival, whereas her husband, a senior professor, leads
a luxurious lifestyle. Thus, she requested that the monthly
maintenance amount be increased from Rs.45,000/- to
Rs.90,000/-.