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2025 DAILYLAW 100222 (ALL)

NARENDRA KUMAR v. State of U.P. AND 2 OTHERS

CRLR/5075/2024 · 2025-05-25

Subhash Chandra Sharma

body2025

Judgment text

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toNeutral Citation No. - 2025:AHC:89714 Court No. - 79 Case :- CRIMINAL REVISION No. - 5075 of 2024 Revisionist :- Narendra Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Satya Prakash Rathor 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. This criminal revision has been filed by the revisionist with a prayer to set aside the order dated 8.08.2024 passed by learned Principal Judge, Family Court, Mahoba in Maintenance Case No.78 of 2022 (Smt. Priyanka and another Vs. Narendra Kumar), under section 125 Cr.P.C, Police Station Panwari, District Mahoba. Learned counsel for the revisionist submits that in this case the opposite party No.2 is wife and opposite party No.3 is minor daughter of the revisionist. She was married with the revisionist in the year 2019 and thereafter the opposite party No.3 was born from the wedlock. The opposite party No.2, wife, started misbehaving with the revisionist-husband and went to live in her Maika without any sufficient cause and filed an application under section 125 Cr.P.C. He never made any demand of dowry and harassment of the opposite party No.2. He works as labourer and has no any other source of income, even though the learned trial court has fixed the amount of maintenance Rs.2000/- per month in favour of wife and Rs.1500/- per month in favour of minor daughter, total Rs.3500/- per month from the date of application, therefore, request to set aside the order passed by learned the trial court and to allow this criminal revision He further submits that the amount of arrears of maintenance has also not been divided into instalments for making payment by the learned trial court. Learned A.G.A opposed the prayer as aforesaid. Considering the 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, it appears that the opposite party Nos. 2 and 3 are wife and minor daughter of the revisionist. Due to neglect of the revisionist, she went to her Maika with her minor daughter. There is allegation of misbehaviour and beating against the revisionist. She is living separate from him with her minor daughter in her maika. The revisionist did not take care of her but all the expenses were borne by her parents. It also shows the neglect on his part. Since he is able bodied person and works as labourer and under legal obligation to maintain his wife and minor daughter. On the other hand, the opposite party Nos.2 and 3 are unable to make any income to maintain themselves.The learned trial court has fixed the amount of maintenance Rs.2000/- per month in favour of wife and Rs.1500/- per month in favour of minor daughter, total Rs.3500/- per month.This amount cannot be said to be more than sufficient or excessive. In this way, there appears no any error of law 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 is concerned it shall be divided into eighteen equal instalments to be paid with current amount of maintenance month to month. Accordingly, this revision is disposed of at the admission stage itself. Order Date :- 26.5.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad