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2024 DAILYLAW 2640 (ALL)

GAURAV v. State of U.P. AND 2 OTHERS

CRLR/4753/2024 · 2026-03-17

Harvir Singh

body2024

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4753 of 2024 Court No. - 86 HON'BLE HARVIR SINGH, J. 1. On 10.2.2026, this Court has passed following order:- "1. List has been revised. 2. None appeared on behalf of either of the parties to press this revision. However, learned A.G.A. for the State is present. 3. List this case as fresh before appropriate Bench on 18.3.2026. 4. It is made clear that, if either of the parties does not appear on the next date fixed, the revision shall be decided as per available record." 2. Today also, none appears on behalf of either of the parties to press the instant revision, hence, the revision is being taken up for disposal. 3. The instant revision has been filed against the impugned order dated 31.7.2024 passed by learned Principal Judge, Family Court, Bulandshahr in Case No. 160/ 2022 (Smt. Sangeeta and another vs. Gaurav), under Section 125 CrPC, Police Station Sikandarabad, District Bulandshahar, whereby a sum of Rs. 3,000/- has been awarded as monthly maintenance to opposite party Nos. 2 and 3 each, being the wife and the son of the revisionist, from the date of application. 4. It has been averred in the instant revision that, the said amount of Rs. 6,000/-, in total, is excessive, arbitrary and beyond the financial resources of the revisionist, as the revisionist is not capable of paying the said amount of Versus Counsel for Revisionist(s) : Jitendra Kumar, Rakesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Gaurav .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) maintenance due to lack of his financial resources. It is also a matter of record that, the marriage between the parties has not been disputed. It has also come on record that, some other litigation is also pending between the parties. It has also been averred in the instant revision that, the revisionist is an unemployed person and is doing petty jobs for earning his livelihood and there is also litigation pending against the revisionist herein under Sections 498A, 323, 504, 506, 323 IPC and under Section 3/4 of Dowry Prohibition Act. In the instant revision, prayer has been made that, the impugned order dated 31.7.2024 is liable to be quashed and set aside. 5. Per contra, learned AGA appearing on behalf of State submits that, the order passed by learned Principal Judge, Family Court, Bulandshahr is in accordance with law and calls for no interference by this Court, as the amount of Rs. 3,000/- to be paid to opposite party Nos. 2 and 3 each i.e. the wife and the son, appears to be normal and proportionate to the source of income of the revisionist, therefore, the instant revision is liable to be dismissed. 6. Having considered the rival contentions of the parties and after going through the impugned order dated 31.7.2024, it has come on record that, the revisionist is capable of earning sufficient income and further capable of paying Rs. 6,000/- in total, to opposite party Nos. 2 and 3, respectively, as held by Hon'ble Supreme Court in the case of Shamima Farooqui Vs. Shahid Khan reported in (2015) 5 SCC 702, therefore, no illegality or infirmity has been found in the impugned order dated 31.7.2025. 7. Hence, the instant revision, being devoid of merits, is dismissed. March 18, 2026 Gurpreet Singh CRLR No. 4753 of 2024 2 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad