Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 61133 (ALL)

SMT SHIVANI SHARMA AND ANOTHER v. State of U.P. AND ANOTHER

CRLR/2340/2024 · 2025-09-15

Madan Pal Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2340 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. List has been revised. 2. None present for the opposite party no.2. 3. Heard Shri Pankaj Agarwal, learned counsel for the revisionists, learned AGA for the State-opposite party no.1 and perused the record. 4. This criminal revision has been filed by the revisionists with prayer to set aside the impugned judgment and order dated 05.02.2024 passed by the Additional Principal Judge, Family Court No.3, Ghaziabad in Case No. 227/2022 (Shivani Vs. Ankit), under Section 125 Cr.P.C., Police Station Kavi Nagar, District Ghaziabad, whereby the opposite party no.2 has directed to pay Rs.8,000/- per month to the revisionist no.1-Smt. Shivani Sharma and Rs.4,000/- to the revisionist no.2-Km. Shivansi Sharma, minor daughter of the revisionist no.1, as interim maintenance. 5. It is submitted by learned counsel for the revisionists that the trial court without considering the income of the opposite party no.2 has awarded interim maintenance of Rs.8,000/- to the revisionist no.1-Smt. Shivani Sharma and Rs.4,000/- to the revisionist no.2-Km. Shivansi Sharma, minor daughter of the revisionist no.1 as interim maintenance, which is deserved to be set aside and allow the interim maintenance application in toto. 6. Learned AGA has opposed the submissions made by learned counsel for the revisionists and submits that the trial court while awarding the interim maintenance, has duly taken into consideration the written submissions of the revisionists and on the basis of the same, interim maintenance of Versus Counsel for Revisionist(s) : Pankaj Agarwal Counsel for Opposite Party(s) : G.A. Smt Shivani Sharma And Another .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) Rs.8,000/- to the revisionist no.1-Smt. Shivani Sharma and Rs.4,000/- to the revisionist no.2-Km. Shivansi Sharma, minor daughter of the revisionist no.1, has rightly been awarded in their favour. 7. Since the application filed by the revisionist no.1 under Section 125 Cr.P.C. is pending consideration before the trial court for final adjudication, the same shall be decided after oral as well as documentary evidence have to be led, in such circumstances, the parties will have ample opportunity to adduce their respective evidence before the trial court, thereafter, the final amount of maintenance shall be determined. 8. In the considered opinion of this Court, prima facie, it appears that the interim maintenance awarded by the trial court of Rs.8,000/- to the revisionist no.1-Smt. Shivani Sharma and Rs.4,000/- to the revisionist no.2- Km. Shivansi Sharma, minor daughter of the revisionist no.1, seems to be just and proper and thus, does not require any interference by this Court. 9. Accordingly, the instant criminal revision is dismissed. 10. However, considering the facts and circumstances of the case, and upon prayer made by the learned counsel for the parties, the trial court shall conclude and decide the application filed under Section 125 Cr.P.C. in accordance with law, as expeditiously as possible, preferable within a period of three months from today. September 16, 2025 Prajapati RK CRLR No. 2340 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad