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2025 DAILYLAW 47177 (ALL)

JITENDRA @ GHURE v. State of U.P. AND ANOTHER

CRLR/1774/2024 · 2025-04-27

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65938 Court No. - 79 Case :- CRIMINAL REVISION No. - 1774 of 2024 Revisionist :- Jitendra @ Ghure Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Shri Prakash Dwivedi 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. This Crl. Revision has been filed by the revisionist by the revisionist with a prayer to allow the criminal revision and set aside the order dated 19.02.2024 passed by learned Principal Judge, Family Court, Sonbhadra in Case No.16 of 2019( Pramila Devi Vs. Jitendra @ Ghure), under section 125 Cr.P.C, Police Station Robertsganj, District, Sonbhadra. It is submitted by the learned counsel for the revisionist that in this case the opposite party No.2 is wife of revisionist who is living separate from him without any reasonable excuse. The learned trial court has awarded the amount of maintenance of Rs.2500/- per month from the date of application on the place of date of order, therefore, request to set aside the order passed by learned trial court and allow this revision for paying the amount from the date of order. It has also been submitted that the amount of arrears of maintenance be divided into easy instalments for payment. Learned A.G.A opposed the prayer as aforesaid Considering the facts and circumstances of the case, submissions made by the learned counsel for the revisionist as well as learned A.G.A, perusal of record and the order passed by the learned trial court, it appears that the opposite party No.2, wife is living separate from the husband due to neglect on his part. The learned trial court has considered all the facts of the case in proper manner and found that opposite party No.2, wife, is an unemployed woman and does not make any income but the revisionist is able bodied person and under legal obligation to maintain her wife. He being a labourer, the learned trial court has fixed the amount Rs.2500/- per month as maintenance. This amount cannot be said to be excessive and beyond the capacity of the husband. There appears no any illegality or impropriety in the order dated 19.2.2024 passed by learned trial court, therefore, it does not warrant any interference by this Court. So far as the payment of arrears of maintenance from the date of application to the date of order is concerned, this amount may be divided into 18 equal instalments to be paid regularly at every month with current amount of maintenance. Accordingly, this revision is disposed of finally. Order Date :- 28.4.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad