Allahabad High Court
Arun Kumar vs State Of U.P. And 2 Others on 31 July, 2025
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:127607
Court No. - 84
Case :- CRIMINAL REVISION No. - 3439 of 2025
Revisionist :- Arun Kumar
Opposite Party :- State Of U.P. And 2 Others
Counsel for Revisionist :- Amar Chandra,Sunil Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist as well as learned A.G.A. and perusal the material on record.
This criminal revision has been filed by the revisionist with prayer to allow this revision and set aside the impugned judgment and order dated 16.05.2025 passed by the learned Principal Judge, Family Court, Shahahanpur in Criminal Misc. Case No. 41 of 2022 (Smt. Suman and another Vs. Arun Kumar), under Section 125 Cr.P.C., Police Station Rosa, District Shahjahanpur.
It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife and opposite party no.3 is minor daughter. The opposite party no. 2 is living apart from him without any sufficient cause and filed an application under Section 125 Cr.P.C. which was allowed by the learned trial court fixing the amount of maintenance Rs. 6000/- per month in favour of wife and Rs. 2000/- per month in favour of minor daughter, total is Rs. 8000/- per month vide order dated 16.5.2025. Further submitted that the revisionist is an employee in Nagar Nigam Shahjahanpur on contract basis and gets salary Rs. 22,470/- out of which the amount fixed by the learned trial court is excessive and beyond his paying capacity. The learned trial court did not consider the liabilities of the husband and fixed the amount of maintenance which cannot be said to be lawful, therefore, request to set aside the order passed by learned trial court and reduce the amount.
Learned A.G.A. opposed the prayer as aforesaid.
On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. perusal of record and order passed by learned trial court, it appears that the opposite party no. 2 was married to the revisionist on 02.12.2020 and from the wedlock opposite party no. 3, the daughter was born on 27.08.2021. She was subjected to harassment by the revisionist and other members of his family that was the reason she came to her maika. At the time of birth of the child and thereafter no any amount was given by the revisionist to the wife either in the form of maintenance or as expenses. The revisionist himself has admitted during his cross-examination that the opposite party no. 2 is living in her maika for a period of three years and he has not given any amount for treatment of wife or for expenses. Her expenses are being borne by her parents, which shows that she is living apart from him due to his neglect. He is an employee in Nagar Nigam Shahjahanpur and gets Rs. 22,470/- as salary as he admitted, out of which maintenance Rs. 6000/- per month in favour of wife and Rs. 2000/- minor child cannot be said to be excessive or disproportionate to the income of revisionist.In this way, there appears no any illegality or impropriety in the order passed by learned trial court, therefore, it does not warrant interference by this Court but this revision being devoid of merit is liable to be dismissed at the admission stage.
Accordingly, this criminal revision is dismissed.
Order Date :- 31.7.2025
Anurag Singh
