DR AMIT @ KRISHNAKANT v. STATE OF U.P. AND ANOTHER
CRLR/1250/2024 · 2025-08-31
Madan Pal Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35408 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35408 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1250 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J.
1. Heard Shri Kumar Ankit Srivastava, learned counsel for the revisionist, Shri Mahesh Kumar Tripathi, leaned counsel for the opposite party no.2 as well as learned AGA appearing for the opposite party no.1 and perused the record. 2. This criminal revision is directed against the judgment and order dated 01.02.2024 passed by Principal Judge, Family Court, Jhansi in Case No. 445 of 2023 (Smt. Santoshi @ Khushi Vs. Dr. Amit @ Krishankant), under Section 125 Cr.P.C., whereby the the revisionist was directed to pay Rs.8,000/- per month as interim maintenance. to the opposite party no.2. 3. Learned counsel for the revisionist states that the revisionist was posted as Lecturer on adhoc basis in Doodhnath Sarvodaya Postgraduate Mahavidyalaya, Jhansi and he was receiving salary of Rs.10,000/- per month. He further submits that in the year 2023, the revisionist has been relieved from his services on 16.10.2023 and now he has no source of income. 4. On the other hand, learned counsel for the opposite party no.2 has invited the attention of the Court towards at page no.48, which is an affidavit filed by the revisionist in the year 2024 before the trial court in view of the law laid down in the case of Rajnesh Versus Neha and Another (2021) 2 Supreme Court Cases 324, wherein it has mentioned that the revisionist is paying EMI of Rs.25850/- per month against the loan of Rs.8,00,000/-. Therefore, it cannot be said that the revisionist is getting salary of Versus Counsel for Revisionist(s) : Harish Kumar Srivastava, Kumar Ankit Srivastava Counsel for Opposite Party(s) : G.A., Mahesh Kumar Dr Amit @ Krishnakant .....Revisionist(s) State of U.P. and Another .....Opposite Party(s)
Rs.10,000/- per month, only, rather it shows that he has also some other sources of income
5. During the course of argument, this fact also came into the notice that the revisionist is having doctorate degree in the Chemistry, hence it is clear that the revisionist is having sufficient source of income that is why, the revisionist is making payment of EMI of Rs.25850/- per month/-. 6.
Vide order dated 01.02.2024 interim maintenance has been granted in favour of the opposite party no.2 and the application under Section 125 Cr.P.C. is still pending before the trial court for final adjudication, where both the parties have rights to adduce their evidence regarding source of income etc. 7. Considering the facts and circumstances stated above, the impugned order dated 01.02.2024 by which interim maintenance of Rs.8,000/- per month has been allowed in favour of the opposite party no.2, which does not warrant any interference, at this stage. The instant revision deserves to be dismissed. 8. Accordingly, the instant revision is dismissed. September 1, 2025 Prajapati RK CRLR No. 1250 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad