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2025 DAILYLAW 44270 (ALL)

ANOJ KUMAR SAXENA v. STATE OF U.P. AND 3 OTHERS

CRLR/1881/2025 · 2025-05-05

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71981 Court No. - 79 Case :- CRIMINAL REVISION No. - 1881 of 2025 Revisionist :- Anoj Kumar Saxena Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Shailesh Kumar Mishra 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 record. The present criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 18.01.2025 passed by learned Additional Principal Judge, Family Court, Court No. 3, Bareilly in Criminal Case No. 1352 of 2019 (Smt. Vandana Saxena and others Vs. Anoj Saxena), under Section 125 Cr.P.C. Police Station Baradari, District Bareilly. It is submitted by learned counsel for the revisionist that in this case, opposite party no. 2 is wife of the revisionist. Opposite party nos. 3 and 4 are minor children. Without any reasonable excuse wife is living separate from her husband with two minor children. He works as a teacher in Saraswati Vidhya Mandir Inter College, Moradabad, thereafter, in Shreeram Saraswati Vidhyalaya. He earns Rs. 12,500/- per month out of which the amount of maintenance Rs. 3000/- per month in favour of wife and Rs. 2500/- in favour of two minor children for each, total Rs. 8000/- per month is beyond his paying capacity, therefore, request to set aside the order passed by the learned trial court and to reduce the amount. 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. perusal of record and order passed by the learned trial court, it appears that from the year 2019 the opposite party no. 2/the wife is living separate from the revisionist with two minor children and the revisionist is not maintaining her and children. She is living with two minor children due to neglect on his part. The wife is also M.A./ B.Ed. but there is nothing on record to show that she is also teaching in any school and making income by tuition or some other source. On the other hand, the revisionist is working as teacher in Saraswati Vidhya Mandir Inter College, Moradabad and now in Shreeram Saraswati Vidhyalaya. He has stated that he earns Rs. 12,500/- per month as salary but does not contradict the fact that he does not earn money by tuition. He is teacher in physics and is physicaly sound. Keeping in view all these facts and circumstances of the case, the status of the wife and the maintenance of two minor children the amount of Rs. 3000/- per month in favour of wife and Rs. 2500/- per month in favour of minor children for each cannot be said to be excessive or more than sufficient and this amount has been directed to be paid from the date of order and from the date of application to the date of order. Rs. 3000/- to the wife and Rs. 1000/- to the minor children for each is to be paid. In this way, there appears no any illegality or impropriety in the order passed by learned trial court dated 18.01.2025 and amount so fixed can also not said to be in excess but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, the present revision is dismissed at the admission stage. Order Date :- 6.5.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad