SUBHAM CHABRA ALIAS BABLU vs TANNU CHABRA

UKHC010185742026

2026:UHC:9519
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

SL.
Date
No.

COURT’S OR JUDGE’S ORDERS

C528/2283/2026


Subham Chabra Alias Bablu
--Applicant

Versus
Tannu Chabra
--Respondent

Hon’ble Alok Mahra, J.

Mr. Pradeep Chamyal, learned
counsel for the applicant.
2. Present C-528 application has been
filed to quash/set aside the impugned
order dated 03.01.2026 passed by learned
Principal Judge, Family Court, Udham
Singh Nagar in Misc. Criminal Case
No.153 of 2026, under Section 144(3) of
the B.N.S.S. or a direction may be given to
learned Family Court Udham Singh Nagar
to disposed of the application filed under
Section 145(2) of the B.N.S.S. at an
earliest.
4. Learned counsel for the applicant
would submit that the dispute between
the parties arises out of matrimonial
discord. The marriage between the
applicant and respondent no. 1 was
solemnized on 27.11.2013 in accordance
with Hindu rites and rituals, and two
children were born out of the said
wedlock, both of whom are minors and
presently residing with respondent no. 1;
that, owing to matrimonial discord,

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respondent no. 1 has been residing
separately from the applicant.
5. He would further submit that on
15.05.2025, the respondents instituted
proceedings under Section 144 of the
BNSS before the learned Family Court,
Udham Singh Nagar, seeking maintenance
on false and fabricated grounds; that, at
the relevant time, the applicant had gone
to Mumbai in search of employment and,
consequently, could not appear before the
learned court below to contest the
proceedings; that, accordingly, vide order
dated 23.07.2025, the learned court below
proceeded ex parte against the applicant
and, thereafter, vide judgment and order
dated 18.02.2026, directed him to pay
maintenance at the rate of ₹ 30,000/- per
month to the respondents.
6. Learned counsel would further
submit that, subsequent to the passing of
the aforesaid judgment and order, the
respondents initiated recovery proceedings
under Section 144(3) of the BNSS for
recovery of the maintenance amount
awarded against the applicant; that, the
said proceedings were registered as
Miscellaneous Criminal Case No. 153 of
2026, wherein the learned Family Court,
vide order dated 03.10.2026, issued a
recovery warrant against the applicant. He
would further submit that, upon acquiring
knowledge of the ex parte judgment and
order dated 18.02.2026, the applicant
moved an application under Section
145(2) of the BNSS before the learned
Family Court, seeking recall of the ex

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parte proceedings and the consequential
judgment and order, however, vide order
dated 05.10.2026, the learned court below
directed the applicant to deposit one-third
of the total outstanding maintenance
amount; that, the aforesaid application
filed by the applicant under Section 145(2)
of the BNSS is stated to be pending
consideration before the learned court
concerned.
7. Learned counsel for the applicant,
without entering into the merits of the
controversy, confines his prayer to a
direction to the learned Family Court to
decide the pending application under
Section 145(2) of the BNSS expeditiously,
preferably within a stipulated period. He
further prays that, in the meanwhile, the
recovery warrant issued vide order dated
03.10.2026 be kept in abeyance until the
disposal of the said application.
8. Having heard learned counsel for the
applicant and upon perusal of the
material available on record, this Court is
of the view that the limited prayer made
on behalf of the applicant is innocuous
and deserves consideration in the interest
of justice. Since the application seeking
recall of the ex-parte proceedings and the
consequential order of maintenance is
stated to be pending before the learned
Family Court, it would be appropriate to
direct the learned court concerned to
consider and decide the same
expeditiously, in accordance with law,
without being influenced by any
observation made by this Court.

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9. Accordingly, the present C-528
application is disposed of with a direction
to the learned Principal Judge, Family
Court, Udham Singh Nagar, to decide the
application preferred by the applicant
under Section 145(2) of the BNSS, in
accordance with law, as expeditiously as
possible, preferably within a period of two
months from the date of production of a
certified copy of this order. In the
meantime, and until the decision of the
aforesaid application, the operation and
effect of the recovery warrant issued vide
order dated 03.10.2026 in the recovery
proceedings arising out of the
maintenance case shall remain in
abeyance.
10. It is clarified that this order shall not
be construed as an expression of opinion
on the merits of the application pending
before the learned Family Court, which
shall be decided independently and in
accordance with law.
11. In view of the foregoing, the C-528
application stands disposed of.
12. All pending applications, if any, also
stand disposed of.

MAMTA
RANI

(Alok Mahra, J.)
16.10.2026

Mamta


Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584af1449e4
30ef900bf09a6d67ebbd642671329b,
postalCode=263001, st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd54852c9e68
911ca8b66dd26690a191648ab5d8dd004ef0,
cn=MAMTA RANI
Date: 2026.10.17 12:02:57 +05'30'