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2025 DAILYLAW 57185 (ALL)

AMIT SINGH VERMA v. STATE OF U.P. AND 3 OTHERS

CRLR/2257/2024 · 2025-04-23

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63213 Court No. - 79 Case :- CRIMINAL REVISION No. - 2257 of 2024 Revisionist :- Amit Singh Verma Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Rajesh Kumar Singh 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 set aside/quash the impugned order dated 01.04.2024 passed by Additional Principal Judge, Family Court No.1, Agra in Case No.972 of 2021 (Smt. Rashi Verma and others vs. Amit Singh Verma), under Section 125 Cr.P.C., Police Station Kamla Nagar, District Agra. It is submitted by learned counsel for the revisionist that in this case the revisionist is husband of opposite party no.2 and father of opposite party nos.3 & 4. The opposite party no.2 was wedded to the revisionist in the year 2010 and she lived with him till the year 2015 and from the wedlock a female child was born. Due to differences between husband and wife she left the sasural and went to live in her maika but at the time of death of mother of the revisionist in the year 2020 she came back and started living with him. Again in the year 2021, she left the marital house without any reasonable excuse and started living separate alongwith her children. Further submitted that her behavior was more aggressive, abusive and also violent against the revisionist and members of his family. She also made allegation that the fact of first marriage of the revisionist was not disclosed to her at the time of her marriage though this fact was disclosed and then marriage was performed. On this ground she is living separate from him. She filed an application u/s 125 Cr.P.C. before the learned trial court with an application for interim maintenance which was allowed by order dated 01.04.2024 by fixing the amount of maintenance Rs.9000/- in favour of the wife, Rs.8000/- to each child total amounting to Rs25,000/- which is excessive, therefore, request to reduce the amount so fixed by the trial court as interim maintenance. Learned A.G.A opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and the order passed by learned trial court, it appears that in this case as per the allegation, due to neglect on the part of the revisionist wife is living separate from him with two minor children. The revisionist is Manager in Punjab National Bank and receives handsome salary. The opposite party no.2 has stated about the salary that Rs.1,50,000/- per month are received by him but he admitted Rs.98,000/- as net salary per month. On considering the amount of salary Rs.98,000/- per month as admitted by the revisionist and as per the salary slip relating to the month of October 2023 which shows that his gross salary was 1,56,597/- and net salary was Rs.98663/-. Taking into account the net salary of the revisionist interim maintenance Rs.9000/- for the wife and Rs.8000/- for each minor children total Rs.25,000/- cannot be said to be excessive. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court, therefore, it does not warrant any interference by this Court. As per submission made by learned counsel for the revisionist that there is possibility of settlement between the parties, the learned trial court be directed to refer the matter to the mediation. It is directed that after considering the possibility of settlement between the parties learned trial court will refer to the matter to mediation. Accordingly, this criminal revision is disposed of finally. Order Date :- 24.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad