Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 109996 (ALL)

BHIMSEN RAO v. STATE OF U.P. AND ANOTHER

CRLR/6346/2024 · 2025-04-24

Subhash Chandra Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:64239 Court No. - 79 Case :- CRIMINAL REVISION No. - 6346 of 2024 Revisionist :- Bhimsen Rao Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Akash Kumar Nishad,Subhash Chandra Pandey Counsel for Opposite Party :- G.A.,Sushil Kumar Rao Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for both the parties and perused the record. This Crl. Revision has been filed by the revisionist by the revisionist with a prayer to allow this revision and set aside the order dated 4.9.2024 passed by learned Principal Judge, Family Court, No.2, Deoria in Case No.246 of 2022, under section 128 Cr.P.C, Police Station Tarkulwa, District, Deoria. It is submitted by the learned counsel for the revisionist that in this case application under section 125 Cr.P.C was allowed against the revisionist in favour of wife Rs.7,000/- to the wife and Rs.1000/- for each to two minor children, total amount of Rs.9000/- as maintenance was fixed vide order dated 12.3.2019. An application under section 128 Cr.P.C for realization of amount of arrears of maintenance was moved on which the learned trial court has directed that the amount of arrears to be paid at the rate of Rs.20,000/- per month and current amount of maintenance Rs.9000/- per month, total Rs.29,000/- per month which is beyond paying capacity of the revisionist, therefore, request to reduce the amount of instalments for easy payment of the arrears of maintenance and the current amount. Learned counsel for opposite party has raised objection in this regard but agreed to divide the amount of arrears of maintenance in easy instalments with current amount of maintenance. On considering the submissions made by the learned counsel for both the parties, perusal of record and the order passed by the learned trial court dated 4.9.2024 and in view of interest of both the parties, it is expedient to direct the revisionist to make payment of Rs.10,000/- as arrears of maintenance per month with the current amount of maintenance i.e Rs.19,000/- per month until the amount of arrears is paid finally. Accordingly, this revision is partly allowed. Order Date :- 25.4.2025.G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad