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2025 DAILYLAW 68227 (ALL)

VIJAY SHARMA v. STATE OF U.P. AND ANOTHER

CRLR/3255/2025 · 2025-08-19

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142046 Court No. - 84 Case :- CRIMINAL REVISION No. - 3255 of 2025 Revisionist :- Vijay Sharma Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Gaurang Dwivedi,Pooja Kusum 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 set aside the judgment and order dated 29.3.2025 passed by learned Additional Principal Judge, Family Court, Farrukhabad in Misc. Case No.28/12/2015 (Maintenance 125 Cr.P.C. Etc/3400028/2015), Gunjan Sharma Vs. Vijay, Police Station Kotwali, District Farrukhabad. 3. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 is wife of the revisionist, who is living apart from him without any sufficient reason and filed an application under Section 125 Cr.P.C., which was allowed by the learned trial court by order dated 29.3.2025 fixing the amount of maintenance Rs.4,000/- per month from the date of application to the date of order and Rs.15,000/- per month from the date of order. He further submits that the revisionist works as Professor in S.G.T. University, Gurgaon and gets salary Rs.60,000/- per month. He has liability of his old parents and wife and children of his elder brother, who has already died. In this way, the amount fixed by the learned trial court is excessive and more than sufficient, therefore, request to reduce the amount and also divide the amount of arrears in equal instalments for easy payment 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 29.3.2025, it appears that the marriage of the revisionist with opposite party no.2 was solemnized in the year 2011. On account of dispute between both the parties, she started living in her Maika from the year 2014. She stated that she was being subjected to harassment and torture in her Sasural and was also beaten by the husband during the period of pregnancy, as a result the child was died in Uterus, as a result she was operated. Again when she was living with the revisionist in Mathura, she was beaten by the husband and then on call, her father came and she went to her Maika, regarding which she lodged an FIR under Sections 498-A, 323, 316, 506 IPC and Section 3/4 Dowry Prohibition Act. During the course of mediation at District Legal Services Authority, the revisionist expressly denied the wife to take her with him but filed application under Section 13 of Hindu Marriage Act for divorce, which has been dismissed by the learned trial court, as per the statement of learned counsel for the revisionist. This shows the misbehave and neglect on the part of the revisionist with wife, therefore, it cannot be said that she is living separate from her husband in her Maika without any sufficient reason, but there is sufficient cause for her to live separate from the husband. There is nothing on record to show that she is making any income or is able to maintain herself. On the other hand, the revisionist being husband is able bodied person and working as Professor in S.G.T. University, Gurgaon and getting Rs.60,000/- per month. The learned trial court has already allowed concession in favour of the revisionist while fixing the amount Rs.4,000/- per month from the date of application to the date of order and thereafter Rs.15,000/- per month from the date of order. In this way, it cannot be said that the amount fixed by learned trial court is excessive or more than sufficient for maintenance of the wife. Thus, there appears no any ground to make interference in the order passed by the learned court. 6. So far as the amount of arrears of maintenance is concerned, it shall be divided into 12 equal instalments payable month to month with the current amount of maintenance. 7. Accordingly, this criminal revision is disposed of at the admission stage itself. Order Date :- 20.8.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad