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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3318 of 2025 Court No. - 84 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 judgment and order dated 30.04.2025 passed by learned Principal Judge, Family Court, Sambhal at Chandausi in Case No.817 of 2023 (Smt. Amveshwari and another vs. Harishchandra) under Section 125 Cr.P.C., Police Station Bahjoi, District Sambhal. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife and opposite party no.3 is minor daughter of the revisionist. Further submits that marriage was performed in the year 2019 but the wife did not behave in well manner with the revisionist and other members of his family and in the year 2023 she went to her maika and started living there without any sufficient cause. Further submits that in the year 2023 he purchased a plot of land in favour of wife even though she was not satisfied. He also submits that she filed an application u/s 125 Cr.P.C. against him for the purpose of making his harassment which was allowed by the learned trial court by order dated 30.04.2025 fixing the amount of maintenance Rs.5000/- per month in faovur of wife and Rs.3000/- per month in favour of minor daughter. Learned trial court did not consider about the income of the revisionist, since he was operating medical store as being B.Pharma. qualified but later on he surrendered his license and became unemployed. He also submitted that the amount of maintenance so fixed by the learned trial court is beyond his paying capacity, therefore, request to Versus Counsel for Revisionist(s) : Manoj Pandey Counsel for Opposite Party(s) : G.A. Harishchandra .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s)
reduce the amount so fixed by the learned trial court. Learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submissions made by the learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order dated 30.04.2025, it appears that the marriage between the parties was performed in the year 2019, thereafter, the opposite party no.2 was subjected to demand of Swift Desire Car and on account of non- fulfillment of car she was subjected to torture. The plot in question was said to be purchased by father of the wife. Thereafter, due to neglect and misbehaviour on the part of the revisionist, opposite party no.2/wife was compelled to live in her maika and she is living there from 12.10.2023. The revisionist has not paid any amount for her maintenance though he was operating medical store as being B.Pharma qualified and was making handsome income. On the other hand, the opposite party no.2 is unemployed and have no source of income either to maintain herself or the minor daughter. There is no any material on record to show that she is making income. The revisionist has stated that he earns Rs.5000/- per month by working on the medical store owned by some other person since he has been expelled by his parents. The revisionist has not disclosed his real income before the learned trial court and it cannot be expected that a person who is B.Pharma. degree holder will earn only Rs.5000/- per month by working on the medical store of some other person, whereas he had already owned medial store though he is saying that he has surrendered the license for operating medical store. From the statement of the revisionist, it appears to be an attempt to frustrate the claim for maintenance of the wife and minor daughter. So far as the amount of maintenance as fixed by the learned trial court in favour of wife and minor daughter is concerned, it cannot be said to be excessive or more than sufficient.
There appears no any illegality or impropriety in the order passed by the learned trial court but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed. September 8, 2025 Ashok Gupta CRLR No. 3318 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad