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2025 DAILYLAW 45293 (ALL)

VARUN SHARMA v. STATE OF U.P. AND ANOTHER

CRLR/1907/2025 · 2025-07-07

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107220 Court No. - 84 Case :- CRIMINAL REVISION No. - 1907 of 2025 Revisionist :- Varun Sharma Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vivek Kumar 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 impugned judgment and order dated 30.01.2025 passed by the learned Principal Judge, Family Kanpur Nagar, in Case No. 799 of 2024 (Priyanshi Bhatt Vs. Varun Sharma) under Section 125 of Cr.P.C., Police Station Panki, District Kanpur Nagar. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is his wedded wife and living separate from him without sufficient reason. He further submits that an application under Section 125 Cr.P.C. was filed by her with an interim application for maintenance which was decided by the learned trial court by order dated 30.01.2025 fixing the amount Rs. 20,000/- per month as interim maintenance that is in excess and beyond paying capacity of the revisionist, therefore, request to reduce the amount 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 30.01.2025, it appears that the opposite party no. 2 is living separate from the revisionist due to his neglect and an application under Section 125 Cr.P.C. was filed by her with an application of interim maintenance, on which revisionist himself has filed an objection to the interim maintenance application in which he admitted his income to be Rs. 1.5 lakhs to 2 lakhs per month, out of which Rs. 20,000/- per month as interim maintenance in favour of wife who is highly qualified cannot be said to be excessive or more than sufficient as per status of both the parties. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 30.01.2025 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