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Neutral Citation No. - 2025:AHC:109693 Court No. - 84 Case :- CRIMINAL REVISION No. - 2430 of 2025 Revisionist :- Mamta Srivastava Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Kuldeep Kumar 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 material on record. The present criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 19.02.2025 passed by the learned Additional Principal Judge, Family Court, Fatehpur in Case No.39 of 2021 (CNR No.UPFT020001282021) (Mamta Srivastava vs. Sunny @ Shanu Saxena) under Section 125 Cr.P.C., in so far as the same relate to non-grant of maintenance maintenance as claimed in the aforesaid application with effect from the date of presentation of said application i.e. 29.01.2021. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 is husband and works as an engineer and gets salary Rs.40,000/- per month and have other properties also in the city. He has three houses in Jaipur those are let on rent and add to his income. The learned trial court has fixed the amount of maintenance Rs.5000/- per month in favour of revisionist which is less than sufficient, therefore, request to increase the amount of maintenance. Learned A.G.A. opposed the prayer as aforesaid and contended that during trial paper no.18B/3 was filed regarding salary of the opposite party no.2 showing his monthly salary Rs.8500/- per month by working in IFT India Today Fashions LLP as helper. In view of his monthly income the amount of maintenance is sufficient and cannot be said to be disproportionate to the income of the opposite party no.2. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order passed by learned trial court, it appears that the revisionist and opposite party no.2 both
are husband and wife and revisionist is living separate from him with sufficient cause. The opposite party no.2 works as helper in the aforesaid company and gets Rs.8500/- per month as salary as is evident from paper no.18B/3. There is no other material on record to show that he makes extra income.
The learned trial court after considering the material on record passed the order in question dated 19.02.2025 fixing the amount of maintenance Rs.5000/- per month that cannot be said to be less than sufficient and disproportionate to the income of the husband/opposite party no.2. 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 but this revision being devoid of merit is liable to be dismissed. According, this criminal revision is dismissed at the admission stage itself. Order Date :- 10.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad