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2025 DAILYLAW 17700 (ALL)

VIVEK KUMAR v. STATE OF U.P. AND 2 OTHERS

CRLR/719/2025 · 2025-05-05

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72383 Court No. - 79 Case :- CRIMINAL REVISION No. - 719 of 2025 Revisionist :- Vivek Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Chandra Jeet Singh,Ran Jeet Singh 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 material on record. This criminal revision has been filed with a prayer to allow the revision and set aside the order dated 10.12.2024 passed by the learned Principal Judge, Family Court, Jhansi in Case No. 1114 of 2024 (Smt. Hemlata & another Vs. Vivek Kumar) under Section 144 B.N.S.S., Police Station Prem Nagar, District Jhansi. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife and opposite party no. 3 is minor son of the revisionist. It is further submitted that the revisionist is working as Artisan Grade-I and gets gross salary Rs. 1,03,504/- and after deduction gets Rs. 78,392/- per month. Learned trial court has fixed the amount of interim maintenance of Rs. 8,000/- per month to the wife and Rs. 5,000/- per month to the minor child, total amount of maintenance Rs. 13,000/- per month. He further submits that his father is suffering from cancer that is the reason most part of his salary is being spent on his treatment and he is also making payment on premium of his minor child. These facts were not taken into consideration by the learned trial court but amount for interim maintenance was fixed which is in excess, therefore, request to reduce the said amount. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 10.12.2024, it appears that wife/opposite party no. 2 is living separate from the husband with minor child due to neglect on the part of the revisionist and he is working as Artisan Grade-I in B.H.E.L. Jhansi and gets gross salary Rs. 1,03,504/- and after deduction gets Rs. 78,392/- per month, out of which interim maintenance Rs. 8,000/- per month to the wife and Rs. 5,000/- per month to the minor child, total amount of maintenance Rs. 13,000/- per month which cannot be said to be excessive and more than sufficient. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 10.12.2024 but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed at the admission stage itself. Order Date :- 6.5.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad