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Neutral Citation No. - 2025:AHC:52705 Court No. - 79 Case :- CRIMINAL REVISION No. - 1662 of 2025 Revisionist :- Ankur Alias Ankit Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashish 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 present revision and set aside the judgment and order dated 15.02.2025 passed by the Principal Judge, Family Court, Meerut (Smt. Akanksha Vs. Ankur @ Ankit) in Case No. 337 of 2024, under Section 125 Cr.P.C., Police Station Kithor, District Meerut and further pray to stay the effect and operation of the aforesaid
order. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife of the revisionist who was married in the year 2022. On 23.08.2023 she went away from house of her husband to her Maika and moved complaint to S.P. where matter was settled and she went with him but again she went away from her matrimonial house without any reasonable excuse and filed present application for maintenance under Section 125 Cr.P.C. It is further submitted that the revisionist is an unemployed person and have no any income but the learned trial court has granted Rs. 5,000/- per month as interim maintenance in favour of wife which cannot be said to be lawful, therefore, request to set it 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, 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 15.02.2025 it appears that the revisionist is husband of opposite party no. 2 whose marriage was solemnized in the year 2022. Due to misbehaviour of the revisionist and other members of his family
she went away to her Maika, the matter was settled between the parties and again she went with him to live but she was subjected to harassment that was the reason she again went to her father's house and moved the present application and living separate from the husband. In this way, it cannot be said that she is living separate from the husband without any reasonable excuse. Her qualification is intermediate and she doe not earn any income. On the other hand, the revisionist is a tailor and has a shop named A.S. Sports where he prepares track suits and makes supply. In this way, it cannot be said that he is unable to earn. The affidavit filed by the revisionist shows that he earns Rs. 7000/- by working as labour/baildaar but no any proof relating to income of either party has been produced by the parties before the learned trial court. Since opposite party no. 2 is wife of the revisionist, therefore, he is under legal obligation to maintain her and Rs. 5000/- per month as interim maintenance in favour of the wife cannot be said to be excessive. There appears no any illegality or impropriety in the
order passed by the learned trial court dated 15.02.2025 but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed. However, the learned trial court is directed to make its endeavor to dispose of the application under Section 125 Cr.P.C. as expeditiously as possible without granting any unnecessary adjournment to either of the parties.
Order Date :- 10.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad