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2025 DAILYLAW 29277 (ALL)

VIRENDRA KUMAR KUSHWAHA v. STATE OF U.P. AND 2 OTHERS

CRLR/4954/2022 · 2025-02-04

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:16591 Court No. - 81 Case :- CRIMINAL REVISION No. - 4954 of 2022 Revisionist :- Virendra Kumar Kushwaha Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Raj Kumar Kesari Counsel for Opposite Party :- G.A.,Prashant Drivedi Hon'ble Manjive Shukla,J. 1. Heard Sri Raj Kumar Kesari, learned counsel appearing for the revisionist, learned Additional Government Advocate appearing for the State and Sri Chandra Mani Singh, Advocate holding brief of Sri Prashant Dwivedi, learned counsel appearing for Opposite Party No. 2. 2. The instant revision has been filed challenging therein, the judgment and order dated 9.3.2022 passed by the learned Principal Judge, Family Court, Kaushambi in Case No. 115 of 2021 (Reetu Kumari and another Vs. Virendra Kumar Kushwaha), whereby, in exercise of power under Section 125 Cr.P.C., the maintenance of Rs. 3000/- per month had been awarded in favour of Opposite Party No. 2 and the maintenance of Rs. 500/- per month had been awarded in favour of Opposite Party No. 3. 3. Learned counsel appearing for the revisionist, after arguing at some length, has submitted that the revisionist does not want to challenge the impugned judgment and order dated 9.3.2022 on merits. He has further submitted that the limited prayer of the revisionist before this Court is that he may not be subjected to multiplicity of the maintenance as it is well settled law by the Supreme Court in the case of Rajnesh Vs. Neha and another (2021) 2 SCC 324 that if the maintenance had been awarded to the wife in more than one proceedings then the maintenance awarded in one proceeding had been adjusted in the maintenance awarded in other proceedings. 4. Learned counsel appearing for Opposite Parties No. 2 & 3 does not have any objection if the aforesaid limited prayer made by the revisionist is granted. 5. In view of the aforesaid submissions, this revision is dismissed. 6. However, in view of the consent given by he learned counsel appearing for Opposite Parties No. 2 & 3, it is provided that if the revisionist is paying maintenance to Opposite Parties No. 2 & 3 pursuant to the order passed in any other proceeding then the said amount shall be adjusted while paying the maintenance under the impugned judgment and order dated 9.3.2022. 7. It is also made clear that this order will not preclude the Opposite Parties No. 2 & 3 to initiate adequate proceedings for enhancement of the amount of maintenance awarded under Section 125 Cr.P.C. Order Date :- 5.2.2025 n.u./A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad