Sumit vs State Of U.P. And 3 Others
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Allahabad High Court

Sumit vs State Of U.P. And 3 Others on 1 May, 2025

Author: Subhash Chandra Sharma

Bench: Subhash Chandra Sharma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:68484
 
Court No. - 79
 

 
Case :- CRIMINAL REVISION No. - 3091 of 2024
 

 
Revisionist :- Sumit
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Revisionist :- Ashwini Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.
 

Heard learned counsel for the revisionist well as learned A.G.A. and perused the material on record.

This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 11.03.2024 passed by the learned Additional Principal Judge, Family Court, Court No. 2, Meerut in Maintenance Suit No. 114 of 2018 (Smt. Deep Shikha and others Vs. Sumit), under Section 125 Cr.P.C.

It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife, opposite party nos. 3 and 4 are minor son and daughter. The wife is living separate from her husband in her maika without any reasonable excuse with both the children. The revisionist tried to reconcile the matter but wife/opposite party no. 2 did not agree to live with him and filed an application u/s 125 Cr.P.C. for maintenance against him which was allowed by the learned trial court vide order dated 11.3.2024 fixing the amount of maintenance Rs. 3000/- per month in favour of wife and Rs. 1500/- per month for each child, total Rs. 6000/- that is in excess and beyond paying capacity of the revisionist. Further submitted that arrears of maintenance from the date of application i.e. the year 2016, be divided into easy installments.

Leaned 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 order passed by learned trial court, it appears that the opposite party no. 2/the wife is living separate from her husband due to neglect on the part of the revisionist with two minor children. The revisionist has not paid any amount to them for maintenance, it also shows his neglect. The learned trial court has passed the order in question after considering the facts and circumstances of the case and earning capacity of the revisionist and fixed the amount of maintenance Rs. 3000/- in favour of wife and Rs. 1500 for each minor child, which cannot be said to be more than sufficient and excessive. In this way, there appears no any illegality or impropriety in the order passed by learned trial court and it does not warrant 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 may be paid by the revisionist in 12 equal installments with current amount of maintenance month to month.

Accordingly, the present revision is disposed of at the admission stage.

Order Date :- 1.5.2025

Anurag Singh