Allahabad High Court
Buniyad Ali vs State Of U.P. And 4 Others on 1 May, 2025
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:68583
Court No. - 79
Case :- CRIMINAL REVISION No. - 3259 of 2024
Revisionist :- Buniyad Ali
Opposite Party :- State Of U.P. And 4 Others
Counsel for Revisionist :- Maneesh Tiwari,Pawan Kumar Shukla
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. for the State and perused the record.
The present criminal revision has been filed with prayer to allow this revision and set aside the impugned judgment and order dated 30.03.2024 passed by the learned Principal Judge, Family Court, Mordabad in Criminal Misc. Case No.102 of 2021 (Shama Parveen and others Vs. Buniyad Ali) under Section 125 Cr.P.C., Police Station Bhojpur, District Moradabad.
It is submitted by learned counsel for the revisionist that opposite party no.2 is wife and opposite party nos.3, 4 & 5 are minor children of the revisionist. Further submitted that there are four children to the revisionist with the opposite party no.2 out of which 2 children are living with him and two children are living with the wife. Further submitted that wife is living separate from him without any reasonable excuse. She was living in relation with the neighbour namely Mufeed Alam which he objected as a result she started living in her maika. The learned trial court did not consider this fact but awarded the maintenance by order dated 30.03.2024 Rs.3000/- per month for the wife and Rs.1000/- for each to two children total Rs.5000/- per month. The revisionist is a labourer and had no regular income and he is also maintaining two children those are living with him, therefore, the order dated 30.03.2024 be set aside and the amount of maintenance be reduced. He also submits that the arrears of the amount of maintenance be divided into installments for easy payment.
Learned A.G.A. opposed the prayer as aforesaid.
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 the order passed by learned trial court undoubtedly opposite party nos.2 to 5 are wife and children of the revisionist out of which two children are living with his father and two children are living with the wife. So far as the allegation against the wife to live with Mufeed Alam is concerned, there is no any material on record to prove this fact, therefore, it cannot be concluded that she was living in adultery. The wife is living separate from her husband with two children and he has not given any amount to her and his children for maintenance which shows neglect on his part. The learned trial court has considered the material on record in well manner and passed the order in question fixing the amount of Rs.3000/- for wife and Rs.1000/- for each child total Rs.5000/-. This amount cannot be said to be excessive and more than sufficient and beyond the paying capacity of the revisionist/husband since he is able bodied person and is under legal obligation to maintain her wife and children. There appears no any illegality and impropriety in the order dated 30.03.2024 passed by the learned trial court, therefore, it does not warrant any interference by this Court.
So far as the amount of arrears of maintenance from the date of application to the date of order is concerned, it shall be divided into 24 equal installments payable with the current amount of maintenance.
Accordingly, this criminal revision is disposed of finally at the admission stage itself.
Order Date :- 1.5.2025
Ashok Gupta
