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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2052 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J.
1. Heard Sri Arvind Srivastava, learned counsel for the revisionist, Sri Retesh Upadhyay, learned counsel for the opposite party no.2 and learned AGA for the State. 2. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 02.03.2023 passed by the Principal Judge, Family Court, Varanasi in Maintenance Case No. 682 of 2020 ( Neha Jaiswal Vs. Arpit Jaiswal), under Section 125 Cr.P.C., whereby the revisionist has directed to pay Rs. 25,000/- per month to the opposite party no.2 as interim maintenance. 3. It is submitted by learned counsel for the revisionist that the trial court without considering income or adducing the evidence of the revisionist has awarded interim maintenance of Rs. 25,000/- to the opposite party no.2, which is deserved to be set aside. 4. Learned counsel for the opposite party no.2 as well as learned AGA have opposed the submissions made by learned counsel for the revisionist and submits that the trial court while awarding the interim maintenance, has duly taken into consideration the written submissions of the revisionist and on the basis of the same, interim maintenance of Rs. 25000/- has rightly been awarded in favour of the opposite party no. 2. 5. Since the application filed by the opposite party no.2 under Section 125 Cr.P.C. is pending consideration before the court below for final adjudication and the same shall be decided after oral as well as documentary evidence have to be led. During the course of trial the parties will have ample opportunity to file their respective evidence before the trial court, Versus Counsel for Revisionist(s) : Arvind Srivastava, Udai Prakash Deo Pandey Counsel for Opposite Party(s) : G.A., Ritesh Upadhyay Arpit Jaiswal .....Revisionist(s) State Of U.P. And Another .....Opposite Party(s)
thereafter, the final amount of award shall be determined. 6. In the considered opinion of this Court, prima facie, it appears that the interim maintenance awarded by the trial court of Rs. 25000/- to the opposite party no.2 seems to be excessive and deserves to be modified. 7. Accordingly, the amount of interim maintenance is reduced to Rs. 16000/- from Rs. 25,000/- per month during the pendency of the application filed under Section 125 Cr.P.C.
8.
However, considering the facts and circumstances of the case, and upon prayer made by the learned counsel for the parties, the trial court shall conclude and decide the application filed under Section 125 Cr.P.C. in accordance with law as expeditiously as possible preferable within a period of three months from today. 9. In view of the aforesaid observations, the present criminal revision is disposed of. September 11, 2025 Akbar CRLR No. 2052 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad