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2025 DAILYLAW 60187 (ALL)

PAWAN v. STATE OF U.P. AND 2 OTHERS

CRLR/2589/2025 · 2025-08-07

Subhash Chandra Sharma

body2025

Judgment text

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Court No. - 84 Case :- CRIMINAL REVISION No. - 2589 of 2025 Revisionist :- Pawan Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Jalaj 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. and perusal the material on record. This criminal revision has been filed by the revisionist with prayer to allow this revision and set aside the impugned judgment and order dated 21.03.2025 passed by learned Additional Principal Judge, Family Court no. 3, Bareilly in Case No. 1152 of 2023 (Rashmi Singh and others Vs. Pawan), under Section 125 Cr.P.C., Police Station Faridpur, District Bareilly. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife and opposite party no. 3 is minor son of the revisionist. The opposite party no. 2 is living separate from him without any sufficient cause and filed an application under Section 125 Cr.P.C. with an application for interim maintenance which was decided by the learned trial court on 21.03.2025 fixing the amount of maintenance Rs. 1500/- per month in favour of wife and Rs. 1000/- per month in favour of minor son. Further submitted that the revisionist works as labourer and has no any regular source of income, therefore, the amount fixed by the learned trial court is excessive and beyond his paying capacity and it be reduced. Learned A.G.A. opposed the prayer as aforesaid. On 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 order passed by learned trial court, it appears that due to neglect of the revisionist, the wife, opposite party no. 2 is living separate from him with minor child. Learned trial court has fixed the amount Rs. 1500/- per month in favour of wife and Rs. 1000/- per month in favour of minor son which is too less cannot be said to be excessive or beyond his paying capacity. The revisionist being able bodied person is under legal obligation to maintain his wife and minor son. Thus, there appears no any illegality or impropriety in the order passed by learned trial court, therefore, it does not warrant interference by this Court but this revision being devoid of merit is liable to be dismissed at the admission stage. Accordingly, this criminal revision is dismissed. Order Date :- 8.8.2025/Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad