MOHAMMAD TAUFEEK ALIAS MONU v. STATE OF U.P. AND ANOTHER
CRLR/2073/2025 · 2025-07-21
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50444 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50444 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:118853 Court No. - 84 Case :- CRIMINAL REVISION No. - 2073 of 2025 Revisionist :- Mohammad Taufeek Alias Monu Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anil Kumar 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 08.04.2025 passed by the learned Principal Judge, Family Court, Hamirpur in Maintenance Case No. 30 of 2022 (Smt. Afeefa Noor Vs. Mohd Taufeek) under Section 125 Cr.P.C., Police Station Maudaha, District Hamirpur. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is second wife who married with him for the purposes of taking money. She filed an application under Section 125 Cr.P.C. against the revisionist with an application for interim maintenance which was decided by the learned trial court vide order dated 08.04.2025 fixing the amount Rs. 3500/- per month as interim maintenance . Further submitted that there is no any regular income to the revisionist but he works as labour and remains busy in attending the court proceeding in several cases, therefore, not able to work even as labour and has no any income, therefore, request to reduce the amount as fixed by the learned trial court and set aside the order. Learned A.G.A. opposed the prayer as aforesaid. 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, it appears that the opposite party no. 2 is wife of the revisionist who is living apart from him due to his neglect. The revisionist being husband and able bodied person is under legal obligation to maintain his wife who is unable to maintain herself and has no any source of income. The learned trial court has fixed the amount of
Rs. 3500/- per month as interim maintenance, this amount cannot be said to be excessive or more than sufficient. Thus, there appears no any illegality or impropriety in passing the order dated 08.04.2025 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