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2025 DAILYLAW 65241 (ALL)

ALI IMRAN MIRZA v. State of U.P. AND ANOTHER

CRLR/2689/2024 · 2025-08-22

Harvir Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:146130 Court No. - 91 Case :- CRIMINAL REVISION No. - 2689 of 2024 Revisionist :- Ali Imran Mirza Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Abhas Sharma,Rajesh Kumar Sharma Counsel for Opposite Party :- G.A.,Nandini Mishra Hon'ble Harvir Singh,J. 1. Heard learned counsel for the revisionist, Ms. Nandini Mishra, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. 2. Present revision has been preferred against the judgment and order dated 16.04.2024 passed by the Additional Principal Judge, Family Court, Gautam Budh Nagar in Case No. 170 of 2021 (Naseem vs. Imran), under Section 125 Cr.P.C. whereby interim maintenance of Rs.10,000/- has been awarded to the wife and two daughters of the revisionist, who are aged about six and twelve years, respectively. 3. Learned counsel for the revisionist has submitted that the interim maintenance awarded by the Additional Principal Judge, Family Court, Gautam Budh Nagar is excessive, exorbitant and arbitrary, as the revisionist-husband is an unemployed youth and he has no source of income. He is bedridden and is undergoing treatment. In such circumstances, he is unable to pay a sum of Rs.30,000/- in total in respect of maintenance awarded to opposite party no. 2 and her two daughters. He further submitted that opposite party no. 2, i.e. wife of the revisionist is a highly qualified lady. She is a teacher and is drawing a handsome salary, which is sufficient for her livelihood and she can take care of her two daughters, who are school going children. He also submits that the revisionist is totally dependent upon his brothers and seeking financial assistance from them and his brothers are financially helping him. 4. On the other hand, learned counsel appearing for the opposite party no.2 has submitted that the two minor daughters have been unnecessarily impleaded as parties. He further submitted that the revisionist is a qualified person and he has sufficient means for livelihood and can take care of his wife and two children, who were born out, within the wedlock of the revisionist. Though the impugned order has been passed by the the learned Additional Principal Judge Family Court, Gautam Budh Nagar, awarding interim maintenance to the wife and the two minor daughters, at an interim stage, but no final order has yet been passed. He also submitted that the revisionist is graduate in B.A. (Hons.) Economics and he is also having a diploma to his credit and is working in NDTV, which is a famous News channel. In this regard, there is an agreement executed between N.D.T.V. and the revisionist for payment of salary at the rate of Rs.80,000/- per month, therefore, it appears that as per record, the revisionist is earning Rs. 80,000/- per month for which an agreement has been executed between the employer NDTV and the employee/revisionist. 5. Learned counsel for the opposite party no. 2 has further submitted that the opposite party no.2 along with her two school going daughters is staying at her parental home and is depending upon them and somehow with the assistance of her parents, the bread and butter is carried out, sustaining the day to day requirement of food and necessity for survival. She also submitted that two minor daughters are school going children born out of the wedlock of revisionist and opposite party no. 2 and not a single penny has been paid by opposite party no.2 in terms of order dated 16.04.2024 passed by Additional Principal Judge, Family Court, Gautam Budh Nagar. The revisionist has not shown any bonafide reason for non-payment of the maintenance amount of Rs.10,000/- each to the opposite party no. 2 and two minor daughters, as awarded by Additional Principal Judge Family Court, Gautam Budh Nagar, which has not been paid till date. 6. Learned A.G.A. has also adopted the same argument as advanced by learned counsel for the opposite party no. 2. 7. Having regard to the submissions made hereinabove and perusal of the impugned order, this Court comes to the conclusion that the order dated 16.04.2024 passed by the Additional Principal Judge Family Court, Gautam Budh Nagar is only at the stage of grant of interim maintenance. The amount of maintenance awarded to the opposite party no. 2 and her two minor daughters is just and reasonable, which requires no interference by this Court. However, it shall remain open for both the parties to adduce sufficient evidence at the time of passing of the final order the the family Court. 8. The present revision lacks merits and is accordingly dismissed. Order Date :- 23.8.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad