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2025 DAILYLAW 51275 (ALL)

MAHESH v. STATE OF U.P. AND 2 OTHERS

CRLR/2146/2025 · 2025-07-16

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115506 Court No. - 84 Case :- CRIMINAL REVISION No. - 2146 of 2025 Revisionist :- Mahesh Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Dharmendra Kumar Patel 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 18.03.2025 passed by the learned Principal Judge, Family Court, Sambhal in Case No. 224 of 2024 (Smt. Somwati and another Vs. Mahesh) arising out of Case No. 876 of 2016, under Section 125 Cr.P.C., Police Station Rajpura, District Sambhal. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife of the revisionist and opposite party no. 3 is minor son who is aged about 14 years. The opposite party no. 2 is living apart from him without any sufficient reason and she filed an application under Section 125 Cr.P.C. which was decided vide order dated 16.03.2019 fixing the amount of Rs. 2500/- per month in favour of wife and Rs. 1000/- per month in favour of minor son. Later on, she filed an application under Section 127 Cr.P.C. for enhancement of the amount of maintenance which was also allowed by the learned trial court vide order dated 18.3.2025 and the amount has been enhanced and fixed Rs. 5000/- per month in favour of wife and Rs. 3000/- per month in favour of minor son, total Rs. 8000/-. It is also submitted that he has not any regular income and the amount so fixed by the learned trial court is beyond his paying capacity, therefore, request to reduce the amount as fixed by the learned trial court and allow the revision. Learned A.G.A. opposed the prayer as aforesaid. Considering the submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, order passed by the learned trial court, it appears that the wife does not make any income and is unable to maintain herself and also the minor son. On the other hand, the revisionist is able bodied person, said to drive an ambulance, is under legal obligation to maintain his wife who is living apart from him with sufficient cause. Now the minor son is studying in class 6th, therefore, the amount of Rs. 3000/- per month in favour of minor child for maintenance and education cannot be said to be excessive or more than sufficient. Likewise, the amount of Rs. 5000/- per month in favour of wife are also not excessive. In this way, there appears no any illegality or impropriety in passing the order dated 18.03.2025 but this revision being devoid of merit is liable to be dismissed at the admission stage. Accordingly, the present revision is dismissed. Order Date :- 17.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad