GYANCHANDRA VISHWAKARMA v. STATE OF U.P. AND 4 OTHERS
CRLR/1368/2025 · 2025-04-16
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32962 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32962 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:56240 Court No. - 79 Case :- CRIMINAL REVISION No. - 1368 of 2025 Revisionist :- Gyanchandra Vishwakarma Opposite Party :- State Of U.P. And 4 Others Counsel for Revisionist :- Krishna Chandra Pandey,Revati Raman Vishwakarma 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. The present criminal revision has been filed with prayer to allow this application and set aside the judgment and order dated 24.12.2024 passed by learned Principal Judge, Family Court, Kaushambi in Case No.388 of 2020 (Smt. Gayatri Devi and others vs. Gyanchandra Vishwakarma) u/s 125 Cr.P.C., Police Station Saini, District Kaushambi.
Learned counsel for the revisionist without going into the merits of the case submits that in this case learned trial court has awarded the amount of maintenance Rs.1000/- for each minor child those are three in numbers but it has been awarded from the date of application on the place of order. The amount of arrears of maintenance is huge which is beyond the paying capacity of the revisionist since he is a farmer having no sufficient means to make earning and to make payment, therefore, request to divide the amount of arrears in installments for easy payment. Learned A.G.A. has no objection in this regard. 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 passed by learned trial court, since the submission is regarding dividing the amount of arrears for easy payment, therefore, in considered opinion of this Court the amount of arrears be divided into 18 equal installments that will be paid by the revisionist to the opposite parties monthly alongwith the payment of current amount of maintenance. Accordingly, this criminal revision is disposed of at the admission stage itself.
Order Date :- 17.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad