Allahabad High Court
Vasim Ahmad vs Smt. Nazia And Another on 18 August, 2025
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:140041
Court No. - 84
Case :- CRIMINAL REVISION No. - 3818 of 2025
Revisionist :- Vasim Ahmad
Opposite Party :- Smt. Nazia And Another
Counsel for Revisionist :- Syed Ahmed Faizan,Sr. Advocate,Zaheer Asghar
Hon'ble Subhash Chandra Sharma,J.
1. Supplementary affidavit filed by the revisionist today in Court is taken on record.
2. Learned counsel for the revisionist is directed to implead State as a party, during the course of the day.
3. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the material on record.
4. This criminal revision has been filed with a prayer to allow the revision and set aside the judgment and order dated 11.6.2025 passed by learned Additional Principal Judge, Family Court, Fatehpur, in Misc. Case No. 542 of 2023 (Vasim Ahmad Vs. Smt. Nazia and another) under Section 127 Cr.P.C. as well as order dated 8.12.2022 passed in Case No.56 of 2017 (Smt. Nazia & another Vs. Waseem Ahmad) under Section 125 Cr.P.C., P.S. Kotwali, District Fatehpur and further prays to stay the entire proceeding of the aforesaid case.
5. It is submitted by learned counsel for the revisionist that in this case opposite party nos.1 and 2 are wife and minor child. He further submits that without any sufficient cause she is living apart from him and she filed an application for maintenance under Section 125 Cr.P.C., which was decided by learned trial court on 8.12.2022. He further submits that an application under Section 127 Cr.P.C. was filed by the revisionist in the year 2023 for alteration of the order passed by learned trial court dated 8.12.2022 on the ground that opposite party no1 is earning an income by working in Saavi By Aishwarys Cosmetic and Saloon, therefore, she is able to maintain herself and the minor child. Details of statement of her bank account were also filed before the learned trial court showing the credit of several amounts in her account. Even though the learned trial court did not consider this fact but rejected the application under Section 127 Cr.P.C. illegally, therefore, request to set aside the order dated 11.6.2025 passed by the learned trial court as being illegal and allow the revision.
6. Learned A.G.A. opposed the prayer as aforesaid and contended that the order dated 8.12.2022 passed by learned trial court under Section 125 Cr.P.C. after giving an opportunity of hearing to both the parties and it was passed on merit, while taking into account all the facts and materials on record. It was found by the learned trial court that there is no any sufficient mean for maintenance of wife and the minor child. He also contends that though the allegation regarding working of opposite party no.1 in Saavi By Aishwarys Cosmetic and Saloon was made but it was objected by the opposite party no.1 (wife) in her objection. There is no any other material on record to show that she is working as such in the aforesaid Saloon and making regular income. The learned trial court has passed the order in question on the basis of material on record.
7. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court, it appears that the learned trial court passed the order dated 8.12.2022 fixing the amount of maintenance Rs.5,000/- in favour of wife and Rs.3,000/- per month in favour of minor child after giving an opportunity of hearing to both the parties. Thereafter present application under Section 127 Cr.P.C. was moved by the revisionist against the opposite party no.1 (wife) for alteration of amount of maintenance and made statement that she was working in Saavi By Aishwarys Cosmetic and Saloon and making income Rs.12,000-15,000/- per month. This fact was denied by opposite party no.1 in her objection. No any other material has been brought on record on part of the revisionist to show that she is working as such. The detail of bank account shows credit of money time to time in her account but on that basis it cannot be said that she is making regular income by working in the aforesaid Saloon. It is to note that the wife having a minor child is bound to make earning somehow for maintenance of herself and the minor child but it cannot be said that she is making regular income only on the basis of this fact that she is maintaining herself and the minor child. As human being, she is to maintain herself and the minor child anyhow but this cannot be sufficient about her ability to maintain herself and the minor child. The learned trial court has also mentioned in the order that for avoiding payment of arrears of maintenance in pursuance to the recovery warrant, present application under Section 127 Cr.P.C. was filed by the revisionist. The learned trial court considered all these facts while deciding the application under Section 127 Cr.P.C. and there appears no any illegality or impropriety in the order dated 11.6.2025 passed by the learned court. In this way, this criminal revision being devoid of merit is liable to be dismissed.
8. Accordingly, this criminal revision is, hereby, dismissed at the admission stage itself.
Order Date :- 18.8.2025
Anil
