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2025 DAILYLAW 67010 (ALL)

RAJ KUMAR v. STATE OF U.P. AND ANOTHER

CRLR/3143/2025 · 2025-08-04

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131924 Court No. - 84 Case :- CRIMINAL REVISION No. - 3143 of 2025 Revisionist :- Raj Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anita Singh,Kumari Poonam Rajpoot,Nirmla Kumari,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 04.04.2025 passed by the learned Principal Judge, Family Court No. 4, Agra, in Criminal Case No. 1993 of 2023 (Smt. Rajan Devi vs. Raj Kumar), under Section 125 Cr.P.C., Police Station Tjganj, District Agra. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wedded wife of the revisionist and marriage was performed in the year, 2007. From the wedlock, there are five children those are living with the revisionist. The opposite party no. 2 is living apart from him without any sufficient cause. The revisionist is a labourer and doing business of selling green vegetables by which, there is no too much income but any how he maintains himself and five children with the income earned by selling vegetables. The opposite party no. 2/wife of revisionist has filed an application under Section 125 Cr.P.C. which was decided by the learned trial court vide order dated 04.04.2025 fixing the amount of maintenance Rs. 1,000/- per month from the date of application to the date of order and Rs. 1,100/- per month from the date of order. Learned counsel for the revisionist submits that the amount so fixed by learned trial court is excessive and beyond the paying capacity of the revisionist and therefore, request has been made that the order dated 04.04.2025 be set aside and to reduce the amount from Rs. 1,100/- per month to Rs. 500/- per month. 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 there appears no illegality, impropriety in the order passed by learned trial court and the amount so fixed can also not be said to be excessive and it does not warrant interference by this Court. So far as the amount of arrears of maintenance from the date of application to the date of order is concerned, it may be divided into equal 12 monthly installments, those will be paid with current amount of maintenance month to month. Accordingly, the present revision is disposed of at the admission stage. Order Date :- 5.8.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad