Neutral Citation No. - 2025:AHC:26659 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14903 of 2024 Petitioner :- Sunil Kumar Respondent :- Madhu Bharti Counsel for Petitioner :- Kamlesh Kumar Yadav,Piyush Kumar Yadav Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for petitioner. 2. The present petition has been preferred for challenging order dated 19.09.2024 passed by learned Additional Sessions Judge, Court No.5, Varanasi in Criminal Appeal No.185 of 2023 (Sunil Kumar Vs. Madhu Bharti) as well as order dated 09.08.2023 passed by learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.04, Varanasi in Complaint Case No.2643 of 2021 (Madhu Bharti Vs. Sunil Kumar and others). 3. Brief facts of the present case are that petitioner got married with respondent on 20.05.2021 and after 18 days of the marriage, some dispute arisen between husband and wife due to which, wife/respondent left her matrimonial house. Thereafter petitioner moved application under Section 9 of Hindu Marriage Act, 1955 before learned Principal Judge, Family Court, Varanasi which was registered as Case No.1834 of 2021, wherein notice was issued and has also been served upon respondent. Thereafter respondent moved an application on dated 27.09.2021 under Section 125 Cr.P.C. before learned Principal Judge, Family Court, Court No.1, Varanasi which was registered as 1083 of 2021, whereupon learned Principal Judge passed interim maintenance of Rs.3000/- per month to be given by petitioner to respondent vide order dated 27.06.2024. 4. Respondent also moved a complaint under Section 12 of Domestic Violence Act, 2005 on dated 27.09.2021 before the concerned court which was registered as Complaint No.2643 of 2021 wherein petitioner filed his objection. While adjudicating the said complaint, learned court concerned vide order dated 09.08.2023 directed the petitioner to pay Rs.3000/- per month to respondent from August 2022. Being aggrieved with the said order, petitioner preferred Criminal Appeal No.185 of 2023 before learned revisional court and the same was dismissed vide order dated 19.09.2024 which impugned the present petition. 5. Learned counsel for petitioner submitted that petitioner is a registered labor under MGNREGA and as such, his income is very meagre and without considering the economic status of petitioner, learned court concerned passed order dated 09.08.2023. Learned counsel for petitioner further submitted that respondent teaches in a private school and also runs a beauty parlour from where she earns good income and only to live luxurious life, she is harassing the petitioner who has no means to live. Learned counsel for petitioner also submitted that without considering the objection preferred by petitioner, learned revisional court dismissed the revision preferred by petitioner and as such, the same may be set aside. It has also been submitted by learned counsel for petitioner that respondent is not appearing in Case No.1834 of 2021 preferred at the behest of petitioner under Section 9 of Hindu Marriage Act, 1955 whereas petitioner is ready to live with respondent. 6. After having the submissions extended by learned counsel for petitioner and perusal of the orders impugned, it is apparent that learned revisional court as well as learned court concerned passed the same after giving due opportunity of hearing to petitioner by way of considering the reply submitted by petitioner and as such, it cannot be said that the learned court concerned as well as learned revisional court have acted without application of mind, the reasoning given by both the courts concerned, are just and proper since no documentary evidence regarding income has ever been produced by petitioner before the court concerned. 7. In view thereof, the petition lacks merit and is hereby dismissed. Order Date :- 24.2.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad