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2025 DAILYLAW 34379 (ALL)

MANOJ KUMAR SAINI v. STATE OF U.P. AND ANOTHER

CRLR/1409/2025 · 2025-04-04

Subhash Chandra Sharma

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:48263 Court No. - 79 Case :- CRIMINAL REVISION No. - 1409 of 2025 Revisionist :- Manoj Kumar Saini Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 1.2.2025 passed by the learned Additional Principal Judge, Family Court, Pilibhit in Maintenance case No. 66 of 2021 (Computer No. 114 of 2021) (Smt. Savita Devi Vs. Manoj Kumar Saini.) Police Station Bisalpur, District Pilibhit. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record. It is submitted by learned counsel for the revisionist that in this case, opposite party no. 2, wife of revisionist is living separate from her husband without any reasonable excuse and she lived with the revisionist for a very short period of time. Further submitted that the revisionist does not earn money but he is a labourer and work in MGNREGA and earns Rs. 3000/- only. The learned trial court has decided Rs. 4000/- as maintenance from the date of application to be paid to the opposite party no. 2 by the revisionist which cannot be said to be proper. No any finding has been recorded by the learned trial court regarding misbehave of the revisionist with opposite party no. 2 but passed the order illegally, therefore, request to set aside the order passed by the learned trial court and allow the revision. 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 parties, perusal of record, the order passed by the learned trial court dated 1.2.2025, it appears that the revisionist and opposite party no. 2 are legally wedded husband and wife. Their marriage was solemnized in the month of June, 2020. In matrimonial home the opposite party no. 2 was being subjected to demand of dowry and she was misbehaved and cruelty was also made out in matrimonial home by the husband since then she was living with her parents. All these facts have been taken into consideration by the learned trial court and also been discussed in the order in question. Since, the revisionist is young man and healthy and is in a position to make earning and to maintain his wife, therefore, he cannot be absolved from his liability to maintain her. It also appears that the opposite party no. 2 who is wife of the revisionist and educated lady having qualification of B.A. but she makes no earning and amount of Rs. 4000/- per month cannot be said to be excessive. In this way, there appears no any illegality or impropriety in passing the order dated 1.2.2025 but this revision, being devoid of merit is liable to be dismissed at the admission stage. Accordingly, the present revision is dismissed. Order Date :- 5.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad