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2025 DAILYLAW 60005 (ALL)

ROHIT PANDEY @ DEEPAK PANDEY v. STATE OF U.P. AND ANOTHER

CRLR/2329/2024 · 2025-04-24

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63808 Court No. - 79 Case :- CRIMINAL REVISION No. - 2329 of 2024 Revisionist :- Rohit Pandey @ Deepak Pandey Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.,Puneet Bhadauria 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. The present criminal revision has been filed with a prayer to allow the revision and set aside the order dated 05.04.2024 passed by the learned Principal Judge, Family Court, Etawah in case no. 473 of 2022 (Tanishka Tiwari Vs. Rohit Pandey @ Deepak Pandey) by which the revisionist has been directed to pay Rs. 4,000/- to the respondent no. 2 as interim maintenance under Section 125 Cr.P.C. from the date of application and further pray to stay the effect and operation of the aforesaid order. It is submitted by learned counsel for the revisionist that in this case the revisionist is husband of opposite party no. 2 and marriage was performed in the year 2020. The wife, opposite party no. 2 is living separate from the husband without any reasonable excuse from the year 2021 and filed an application under Section 125 Cr.P.C. for maintenance with an application for interim maintenance which was decided by the learned trial court by order dated 05.04.2024 and Rs. 4,000/- per month was fixed as interim maintenance for wife. He also submits that there is no any source of income of the revisionist, therefore, he is not in a position to make payment of such a amount, therefore, amount be reduced. 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 opposite party no. 2 is wife of revisionist who was expelled from her sasural by the revisionist when she was pregnant and now she has given birth to a child who is also living with her. Due to neglect on the part of revisionist she is living with her mother in maika and the amount of interim maintenance Rs. 4,000/- cannot be said to be excessive. 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. and perusal of material on record, the order passed by the learned trial court and the fact that there is no any evidence on record to show the regular income of the revisionist, therefore, the amount of interim maintenance Rs. 4,000/- per month is reduced to the extent of Rs. 3,000/- per month from the date of application. Accordingly, this criminal revision is partly allowed and the amount of interim maintenance Rs. 4,000/- per month is reduced to the extent of Rs. 3,000/- per month from the date of application and the amount of arrear of maintenance be divided into six equal installments. Order Date :- 25.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad