Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55463 Court No. - 79 Case :- CRIMINAL REVISION No. - 1771 of 2025 Revisionist :- Sanjay Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rakesh Kumar Mathur,Rampyare Lal Srivastava,Subash Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as Sri R.S. Tomar,
learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow the instant revision and set aside the impugned judgment and order dated 18.03.2025 passed by the learned Additional District and Session Judge, Court No.1, Etah in Criminal Appeal No.63 of 2024 (Sanjay Kumar Vs. Manju Yadav) preferred under Section 29 Protection of Women from Domestic Violence Act, 2005 whereby the appellant Court has modified the order dated 23.09.2024 passed by learned Civil Judge (Junior Division)/F.T.C. (Crime Against Women) Etah under Section 23 of Protection of Women from Domestic Violence Act, 2005 in pending Case No.869 of 2017 (Smt. Manju Yadav vs. Sanjay Singh and others) under Section 12 of Protection of Women from Domestic Violence Act,
2005. It is submitted by learned counsel for the revisionist that on 23.09.2024 an order was passed by the learned court to make payment of remaining amount in four installments though he is not in a position to make payment of arrears of maintenance as decided by the learned court in four installments. The revisionist filed an appeal against the order dated 23.09.2024 before the learned court of Session which was also rejected by order dated
18.03.2025. He further submits that for easy payment the number of installments be increased to enable him to make payment of amount of arrears of maintenance. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case the order dated 23.09.2024 has only been passed for making payment of arrears of maintenance in four installments. There appears no any illegality in the order dated 18.03.2025 passed by the learned court of Session but this criminal revision being devoid of merit is liable to be dismissed. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist, perusal of record and the order passed by the learned trial court dated 23.09.2024 as well as the appellate court order dated 18.03.2025, there appears no any illegality or impropriety in the aforesaid orders, therefore, it does not require any interference by this Court. However, the revisionist is hereby, directed to file an application in this regard before the learned trial court within two weeks from today for making installments in view of easy payment of arrears of maintenance according to the paying capacity of the revisionist.
Thereafter, learned trial court will pass the order within a period of two weeks in view of easy payment of arrears of maintenance in proper installments to balance the convenience of both the parties. Accordingly, this criminal revision is disposed of finally.
Order Date :- 16.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad