Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118756 Court No. - 84 Case :- CRIMINAL REVISION No. - 2055 of 2025 Revisionist :- Smt. Ranjeeta Sharma Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sudhir Kumar Tripathi 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 a prayer to allow the revision and set aside the judgment and order dated 31.01.2025 passed by the learned Principal Judge, Family Court, Gorakhpur in Criminal Case No. 307 of 2019 (Smt. Ranjeeta Sharma Vs. Rajkumar Sharma) under Section 125 Cr.P.C., Police Station Chiluawatal, District Gorakhpur. It is submitted by learned counsel for the revisionist that in this case, revisionist is living apart from the husband due to neglect with minor child and moved an application under Section 125 Cr.P.C. before the learned trial court with an application for interim maintenance which was decided by the learned trial court vide
order dated 31.01.2025 and rejected the claim of her maintenance but granted the amount of Rs. 4500/- per month for maintenance of minor child. Further submitted that she does not have any regular income or permanent job but she works as a teacher in Jenith Convent School and gets salary Rs. 14,000/- per month but it cannot be said to be a permanent job and at any time she may be expelled from the school, therefore, her claim cannot be rejected on this ground. The opposite party no. 2 works as an agent in transport office and has agricultural land by which he makes income Rs. 1,25,000/- but the learned trial court did not consider this fact but rejected her claim, therefore, request of set aside the
order passed by learned trial court dated 31.01.2025 to the extent of the revisionist. 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 learned trial court dated 31.01.2025, it appears that it is admitted fact that the revisionist works as a teacher in Jenith Convent School and gets salary Rs. 14,000/- per month. According to Section 125 Cr.P.C., if the wife is able to maintain herself, she cannot be said to be entitled for maintenance. The learned trial court rejected her claim on the ground that she is able to maintain herself and making income but granted Rs. 4500/- as maintenance in favour of minor child. In considered opinion of this Court, there appears no any illegality or impropriety in passing the order dated 31.01.2025 but this revision being devoid of merit is liable to be dismissed at the admission stage. Accordingly, the present revision is dismissed.
Order Date :- 22.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad