Allahabad High Court
Sangeeta vs State Of U.P. And Another on 19 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:180605
Court No. - 87
Case :- CRIMINAL REVISION No. - 797 of 2024
Revisionist :- Sangeeta
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Pankaj Kumar Mishra
Counsel for Opposite Party :- G.A.,Rajkumar Verma
Hon'ble Manjive Shukla,J.
1. Heard Sri Pankaj Kumar Mishra, learned counsel appearing for the revisionist, learned A.G.A. appearing for the State and Sri Raj Kumar Verma, learned counsel appearing for Opposite Party No. 2.
2. The instant revision has been filed challenging therein the judgment and order dated 6.1.2024 passed by the learned Principal Judge, Family Court, Itawah in Case No. 373 of 2021 ( Smt. Sangeeta Vs. Sonu), whereby the revisionist's application filed under Section 125 Cr.P.C., for award of maintenance, had been rejected.
3. Learned counsel appearing for the revisionist has argued that the application filed under Section 125 Cr.P.C. had been rejected only for the reason, that the husband of the revisionist is willing to allow her to live with him but she is deliberately avoiding to live with him, whereas the revisionist had categorically stated before the trial court that she has imminent danger to her life by her husband. It has further been argued that once the revisionist had expressed before the trial court, the imminent danger to her life, by no stretch of imagination, it can be said that she does not have sufficient reason, not to live with her husband.
4. Learned counsel appearing for Opposite Party No. 2 has argued that the trial court, on the basis of evidence available on record, had categorically recorded a finding that the revisionist is deliberately avoiding to live with her husband therefore, she is not entitled for any maintenance under Section 125 Cr.P.C.
5. I have considered the rival arguments advanced by the learned counsels appearing for the parties and I find that the revisionist, all along, had levelled allegations against Opposite Party No. 2 and had expressed serious threat to her life by her husband and on that basis had stated, that even if her husband wants to live with her, she is not ready to live with him. For ready reference the finding recorded by the trial court, in the impugned order dated 6.1.2024, is extracted as under;
"17- ??????? ?? ???????? ??? ???????? ?? ?????? ??????? ?? ?????? ?? ????? ?? ?? ??????? ? ???? ?? ?? ???????? ?????? DW2 ????????????, ?? ?? ??????? ?? ???? ??, ?? ?????? ??????? ?? ????? ??? ??? ?? ?? ??????? ? ???? ??????????? ?????? ???????? ???? ?? ???? ?? ???? ?????? ?? ?? ?? ????? ???? ??? ?? ??? ??????? ?????? ???? ????????????? ???????? ???? 125 ????????????? ??? ?? ??? ??? ?? ?? ??????? ?? ???? ???? ????? ?? ??????? ??????? ??, ?????? ??????? ?? ????? ?? ??????? ?? ???? ????? ?? ? ?? ??? ????? ??? ?? ?? ? ?? ??? ???? ?????? ?? ???????? ???? ??? ??, ????? ?? ??? ?? ?????? ?? ??? ?? ?????? ??? ??????? ?? ???? ??????? ???? ???? ????? ?? ??? ??????? ??? ?? ??????? ?? ????? ?????? 06.12.2020 ?? ??? ?? ??? ??????? ?? ?? ?? ??????? ???? ??????????? ?????? ?????? 31.05.2021 ?? ??? 01 ??? ??? ??? ?????? ?? ?? ?? ????? ???? ???? ?? ??? ??? ??? ?? ??? ???? ??? ??????? ???? ??? ?? ?? ???? ?? ??? ?? ?????? ??? 2-3 ????? ?? ???? ?? ??? ?????? ?? ??????? ??? ?????? 05.03.2021 ?? ????? ???? ??? ?????? ???? ???? ?? ??? ???? ??? ??, ?????? ???? ??????? ????????????? ?? ????? ???????? ??? ????? ???? ?? ??? ??? ???? ?? ??????? ?????? ???????? ??? ???? ??????-12?/1 ????? 12?/3 ????? ????? ??????? ?? ????? ???? ???? ?? ?????? ??, ???? ????? ????? ??????? ?????? 12.04.2022 ?? ???????? ???? 323, 504, 354 IPC ???? ????? ??? ?? ??? ???? ????? ????? ??????? ??? ??????? ?????? ?????? 12.04.2022 ?? ???? ??? ?????? ?????? ? ???????? ???? ???? ?? ??? ??? ??? ??? ?? ?? ???? ????? ??? ?? ??? ??? ??????? ?????? ?????? ??? ???? ???? ??????? ?????? ?????? ???? ???? ?? ??????? ??? ??? ????? ???? ???? ????? ??????? ?? ????? ???? ?? ???, ?? ??????? ??? ??? ?????? ???? ???? ????? ??? ??? ???? ???????? ??????? ?????? ???? ???????? ??? ??????? ?? ????? ??? ??? ?? ?? ?? ??? ?? ???? ????? ?? ?? ???? ????? ??, ?????? ??????? ?????? ???? ??????? ??? ??? ??? ?? ?? ??? ???? ??? ?? ???? ???? ?? ?? ???? ??? ?? ??? ???? ??????,?????? ???? ??? ??? ??? ????? ??? ?????? ??????? ?? ?? ?? ???????? ?????? PW2 ???????????? ?? ?? ??????? ?? ???? ??, ?? ?????? ?? ??? ??? ?? ?? ?? ???? ?????? ?? ???? ????? ?? ??? ???? ??????? ?????? ??? ?? ??????? ??????? ?? ??? ????? ???? ???? ?????, ? ?? ???? ???? ?? ???? ??????? ?? ??? ????? ????? ???? ???? ?? ??????? ?????? ???? ???? ??? ???? ??? ??? ?? ?? ??????? ?? ??? ?????? ???? ??????, ?????? ?? ??? ??? ??????, ??????? ?????? ?? ??????? ??? ??? ???? ???????? ?? ?????? ??????? ?? ????? ? ????????????? ???????? ???? 125 ????????????? ??? ??? ???? ??? ??, ????? ?? ??? ???????? ?? ??? ?? ??????? ? ???? ??????????? ?????? ??????? ?? ??? ??? ????????? ?? ??? ??, ????? ?? ??????? ?? ?? ??? ?? ?? ?? ??? ?? ??? ?? ?????? ??? ??? ?? ??? ??? ???? ???????"
6. This Court finds that the trial court, while rejecting the case filed by the revisionist under Section 125 Cr.P.C., had erred in law and facts both, as it is well settled law that once the wife expresses serious threat to her life by the husband, that itself amounts a sufficient reason for her not to live with her husband. Once the revisionist, in categorical terms, had stated that she is not willing to live with her husband as he will kill her, there was no justification for the trial court to draw inference that the revisionist is deliberately avoiding to live with her husband therefore, could not have dismissed her application filed under Section 125 Cr.P.C.
7. In view of the aforesaid reasons, I find that the impugned order dated 6.1.2024 is unsustainable in the eye of law.
8. Accordingly, this revision is allowed. The impugned order dated 6.1.2024 is set aside and the matter is remanded to the Principal Judge, Family Court, Itawah to consider and decide the application filed by the revisionist under section 125 Cr.P.C., afresh.
9. It is expected from the Principal Judge, Family Court, Itawah that he shall decide the application filed by the revisionist under Section 125 Cr.P.C., expeditiously.
Order Date :- 19.11.2024
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