Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50522 Court No. - 79 Case :- CRIMINAL REVISION No. - 1991 of 2024 Revisionist :- Ankit Rajoriya Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Devi Prasad Tripathi,Manish Kumar Pandey Counsel for Opposite Party :- G.A.,Vinay Kumar Singh Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with a prayer to allow this revision and set aside the impugned judgment and order dated 31.01.2024 passed by learned Principal Judge, Family Court, Jhansi in Case No. 1006 of 2021 (Smt. Prarthna Rajoriya & another Vs. Ankit Rajoriya) under Section 125 Cr.P.C., Police Station Kotwali, District Jhansi and furthermore prayed to stay the operation of judgment and order in the aforesaid case. It is submitted by learned counsel for the revisionist that in this case admittedly opposite party no. 2 is wife of the revisionist and opposite party no. 3 is her minor son. It is further submitted that the revisionist earns Rs. 6,000/- per month by working as driver in private travel agency out of which payment of amount of maintenance i.e. Rs. 6,000/- is not possible and nothing is left with him for his own maintenance, therefore, the amount of maintenance be reduced proportionately with respect to his income.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case the amount as fixed by the learned trial court is already insufficient for the maintenance of wife and a minor son. The revisionist is an abled person and he has capacity to earn, therefore, the amount is not liable to be reduced. On considering the facts and circumstances of the case,
submissions made by learned counsel for both the parties as well as learned A.G.A., perusal of material on record and the order
passed by the learned trial court dated 31.01.2024, the income of the revisionist and the amount of maintenance, it appears that the amount so fixed by the learned trial court though not too much but it may be reduced from the amount of maintenance given to the wife. Accordingly, the amount of maintenance in favour of opposite party no. 2, wife is reduced to Rs. 3,000/- per month in the place of Rs. 4,000/- per month though the maintenance for minor child shall remain the same and will be payable in terms of the order passed by the learned trial court dated 31.01.2024. Accordingly, this criminal revision is allowed and the amount of arrears shall be paid by the revisionist in twelve equal installments payable every month with the current amount of maintenance.
Order Date :- 8.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad