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2025 DAILYLAW 63601 (ALL)

JAYPAL SINGH v. STATE OF U.P. AND ANOTHER

CRLR/2723/2025 · 2025-07-23

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121515 Court No. - 84 Case :- CRIMINAL REVISION No. - 2723 of 2025 Revisionist :- Jaypal Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Raghuraj 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 material on record. This criminal revision has been filed with prayer to allow the revision and set aside the impugned judgment and order dated 04.03.2025 passed by the Additional Principal Judge, Family Court, Court No.2, Firozabad in Criminal Misc. Case No.617 of 2022 (Smt. Rakhi vs. Jaypal Singh) under Section 125 Cr.P.C., Police Station Nagla Khangar, District Firozabad. It is submitted by learned counsel that in this case opposite party no.2 is wife who was married to him on 24.05.2021 and without any sufficient cause started living separate from him from 17.05.2022. She filed an application u/s 125 Cr.P.C. before the learned trial court for maintenance which was allowed and Rs.3500/- per month were fixed as maintenance in favour of wife though the income of the revisionist is Rs.8000/- per month by working as beldar and cultivation. The learned trial court has fixed the amount of maintenance which is disproportionate to the income of the revisionist, therefore, request to reduce the amount and set aside the order passed by the learned trial court dated 04.03.2025. 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., perusal of record and the order passed by the learned trial court dated 04.03.2025, it appears that the opposite party no.2 is wedded wife of the revisionist who is living separate from him due to neglect on his part. The revisionist is able bodied person and is under legal obligation to maintain his wife who is living separate from him. The amount fixed by the learned trial court is Rs.3500/- per month which cannot be said to be excessive or more than sufficient for survival of the wife. There appears no any illegality or impropriety in the order passed by learned trial court but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 24.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad