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2025 DAILYLAW 44078 (ALL)

ISMAIL AHMAD v. STATE OF U.P. AND ANOTHER

CRLR/1913/2025 · 2025-07-07

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107621 Court No. - 84 Case :- CRIMINAL REVISION No. - 1913 of 2025 Revisionist :- Ismail Ahmad Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Virendra Singh Tomar 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 impugned order dated 18.01.2025 passed by the learned Additional Principal Judge, Family Court, Court No. 1, Muzaffarnagar in Case No. 16/11 of 2023 (Sana Fatima Vs. Ismail Ahmad) under Section 125 of Cr.P.C., Police Station Kotwali Nagar, District Muzaffarnagar and further prays 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 and living separate from him without sufficient reason. He further submits that she is able to maintain herself by working in a beauty parlour and making income of Rs. 5,000/- to 10,000/- per month. On the other hand, the revisionist is appointed Bandi Rakshak in jail and gets Rs. 35,000/- per month as salary out of which Rs. 9,000/- per month in favour of wife as interim maintenance is excessive since he has other liabilities to meet out. He also submits that there is old mother, sister and other members of family for which there is need of expenses those are borne by the revisionist himself. The learned trial court has fixed amount of maintenance without considering all these facts, therefore, request to reduce the amount of maintenance 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 revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 18.01.2025, it appears that the wife, the opposite party no. 2 is living separate from him due to his neglect and revisionist gets Rs. 35,000/- per month as salary as he expressed in his affidavit out of which Rs. 9,000/- per month as interim maintenance in favour of wife cannot be said to be excessive. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 18.01.2025 but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed at the admission stage itself. Order Date :- 8.7.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad