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2025 DAILYLAW 51750 (ALL)

AZHAR ALIAS ASHU v. STATE OF U.P. AND ANOTHER

CRLR/2157/2025 · 2025-05-04

Subhash Chandra Sharma

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:71681 Court No. - 79 Case :- CRIMINAL REVISION No. - 2157 of 2025 Revisionist :- Azhar Alias Ashu Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Hanuman Prasad Kushwaha 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 quash the order dated 20.03.2025 passed by learned Principal Judge, Family Court, Lalitpur in Crl. Misc. No.42 of 2021 (Shahana Praveen @ Gudiya Vs. Azhar @ Ashu), under section 125 Cr.P.C, Police Station Kotwali, District, Lalitpur, by which Rs.4000/- has been fixed as maintenance. 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. He has further stated that the opposite party No.2 herself has harassed the revisionist even though he is ready to keep the opposite party No.2 with him. The revisionist has no source of income except doing labour work. The revisionist is not able to pay the amount of maintenance to opposite party No.2. He has also submitted that the revisionist is paying Rs.2000/- per month as maintenance to the opposite party No.2. The trial court has granted maintenance which is excessive and beyond his paying capacity, therefore, request to set aside the order passed by the learned trial court and allow this revision. 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 the 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.4000/- 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 20.3.2025 passed by learned Principal Judge, Family Court, Lalitpur, 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 12 equal instalments to be paid regularly at every month with current amount of maintenance. Accordingly, this revision is disposed of finally. Order Date :- 5.5.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad