MASTER KARTIK AND ANOTHER v. STATE OF U.P. AND ANOTHER
CRLR/2182/2025 · 2025-05-12
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50567 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50567 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:77846 Court No. - 79 Case :- CRIMINAL REVISION No. - 2182 of 2025 Revisionist :- Master Kartik And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dinesh Chandra 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. The present criminal revision has been moved with prayer to allow the revision and revised the impugned judgment and order dated 27.03.2025 passed by Additional Principal Judge, Family Court No.2, Allahabad in Maintenance Case No.290 of 2010 (Master Kartik and another vs. Anil Kumar Kesarwani) under Section 125 of Cr.P.C., Police Station Naini, District Prayagraj and further direct the learned court concerned to enhance the maintenance amount of Maintenance Case No.290 of 2010 (Master Kartik and another vs. Anil Kumar Kesarwani) under Section 125 of Cr.P.C.,Police Station Naini, District Prayagraj. It is submitted by learned counsel for the revisionist that in this case the revisionists are son of opposite party no.2 and were living with their grand-father. Further submitted that the mother of the revisionists was being subjected to harassment by the opposite party no.2 that was the reason she came to the house of her father where she died. The revisionists were brought up by their grand- father/nana and all the expenses were managed by him. The opposite party no.2 neglected the revisionists to maintain and did not make payment of any money to them. He also submits that the revisionists Kartik has now become major and Master Ishu is minor and at present he is living with his father/opposite party no.2. The learned trial court has passed the order dated 27.03.2025 fixing the amount of Rs.1500/- per month to each child from 11.05.2010 to 11.05.2015, Rs.2000/- per month to each child from 11.05.2015 to 11.05.2020 and thereafter, Rs.3500/- per month in favor of Master Kartik and Rs.2500/- per month in favour of Master Ishu till Master Kartik becomes major and Master Ishu lived in his grand-father's house. Further submitted that admittedly income of the opposite party no.2 is about to Rs.15,000/- to
Rs.20,000/- per month out of which the amount so fixed for maintenance of the revisionists is disproportionate and less than sufficient, therefore, requests to increase the amount. Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionists as well as learned A.G.A., perusal of record and the order dated 27.03.2025 passed by the learned trial court, it appears that now Kartik has become major though living with his grand-father. Master Ishu who was living with his grand-father now he is living with his father/opposite party no.2. Admittedly, the income of the opposite party no.2 is Rs.15,000/- to Rs.20,000/- per month from hardware shop. The mother of the revisionists died and a criminal case was filed against their father by the grand-father as a result both the children were brought up by their grand-father. In the meantime, the revisionists were paid Rs.10,000/- and Rs.5000/- and Rs.50,000/- were deposited in F.D.R. in favour of both the children. He has other liabilities also to maintain himself and his old parents. Out of his income the amount of maintenance as fixed by the learned trial court from 11.05.2010 to 11.05.2015 and then from 11.05.2015 to 11.05.2020 and later on cannot be said to be less or disproportionate to the income of the opposite party no.2, therefore, the order dated 27.03.2025 does not warrant any interference by this Court but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 13.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad