YASMIN HASAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
CRLR/2668/2025 · 2025-08-20
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64030 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64030 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:143462 Court No. - 84 Case :- CRIMINAL REVISION No. - 2668 of 2025 Revisionist :- Yasmin Hasan And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
1. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. 2. This criminal revision has been filed with a prayer to allow the revision and enhance the maintenance award dated 21.2.2025 passed by learned Principal Judge, Family Court, Kushinagar at Padrauna in Criminal Misc. Case No.923 of 2020 (Yasmin Hasan and another Vs. Abdul Monaf) under Section 125 Cr.P.C., Police Station Ramkola, District Kushinagar. 3. It is submitted by learned counsel for the revisionists that in this case the opposite party no.2 is husband of the revisionist no.1 and father of the revisionist no.2. He further submits that due to neglect on the part of opposite party no.2, the revisionist started living separate from him and filed an application under Section 125 Cr.P.C., which was decided by the learned trial court by order dated 21.2.2025 fixing the amount of maintenance Rs.3,000/- per month in favour of wife and Rs.2,000/- per month in favour of minor child, total Rs.5,000/- per month. He also submits that the amount so fixed by the learned trial court is meagre and not sufficient for maintenance of wife and minor child, therefore, request to increase the amount of maintenance as fixed by the learned trial court and allow the revision. 4. Learned A.G.A. opposed the prayer as aforesaid. 5. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 21.2.2025, it appears that the opposite party no.2 was working on contract in a Madarsa where Rs.3,000/- was given as grant on the part of the State and Rs.12,000/- on the part of the Central Government. As per letter issued by the Director, Minority
Welfare, Uttar Pradesh, Indira Bhawan, Lucknow dated 8.1.2024, this grant was to continue till the financial year 2021-2022 and by letter of India Government dated 30.3.2022, the grant was issued in the aforesaid year last time and arrangement for additional grant has been closed.
In this way, the amount to be paid to the opposite party no.2 from grant has now ceased. The source of income of opposite party no.2 is agricultural land in which Sugarcane is grown, out of which he is to maintain himself and other members of the family. There is no any other material on record to show that there is any other source of income to the opposite party no.2. In this way, the amount as fixed by the learned trial court that is Rs.5,000/- per month cannot be said to be disproportionate to the income of the husband/opposite party no.2. Thus, there appears no any illegality or impropriety in the order passed by the learned court dated 21.2.2025 but this criminal revision being devoid of merit requires no interference by this Court. 6. It is, however, noted that in case the circumstances change and there is an increase of income of opposite party no.2, the revisionist has an option to approach the learned trial court under Section 127 Cr.P.C. for enhancement of the amount of maintenance. 7. Accordingly, this criminal revision is disposed of finally at the admission stage itself. Order Date :- 21.8.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad