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Neutral Citation No. - 2025:AHC:107919 Court No. - 84 Case :- CRIMINAL REVISION No. - 6267 of 2024 Revisionist :- Gaurav Teotia Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Anand Kumar Singh,Kamlesh Kumar Tiwari 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 Crl. Revision has been filed by the revisionists with a prayer to allow this revision and set aside the order dated 1.10.2024 passed by learned Additional Principal Judge, Family Court, Court No.2, Meerut in Case No.892 of 2017 (Smt. Shruti Vs. Gaurav), under section 125 Cr.P.C. It is submitted by the learned counsel for the revisionist that in this case the opposite party No.2 is wife of the revisionist and opposite party Nos.3 and 4 are minor daughters. He further submits that the opposite party No.2 is living apart from him without any sufficient cause and filed a case under section 125 Cr.P.C with an application for interim maintenance which was allowed by the learned trial court vide order dated 1.10.2024 fixing the amount of maintenance Rs. 4000/- to minor child for each, total Rs.8000/-.He further submits that the claim of maintenance of wife has been rejected by the learned trial court. He also submits that he is already paying amount of Rs.3500/- per month for each child in the case under section 13 Hindu Marriage Act, therefore, the order passed by learned trial court dated 1.10.2024 be set aside and revision be allowed. 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 dated 1.10.2024 passed by the learned trial court, it appears that the opposite party No.2 is wife and the opposite party Nos.3 and 4 are minor daughters of the revisionist. The minor daughters are living with their
mother who is living separate from the revisionist in her Mayka. Her claim of maintenance has been rejected by the learned trial court as she being a working lady and able to maintain herself. Since the opposite party Nos.2 and 3 are daughters of the revisionist and he is under legal obligation to maintain them. Keeping this fact in view the learned trial court has fixed the amount of Rs.4000/- for each child as interim maintenance from the date of application and also directed that the amount of maintenance awarded by any of the court shall be subject to adjustment in the present amount. 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. It is made clear that the revisionist has been
directed by the aforesaid order to make payment of amount of interim maintenance that will be subject to adjustment in the amount of maintenance in any case. Accordingly, this revision is disposed of finally.
Order Date :- 8.7.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad