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2025 DAILYLAW 74125 (ALL)

SATYAPAL v. STATE OF U.P. AND ANOTHER

CRLR/3632/2025 · 2025-09-14

Subhash Chandra Sharma

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3632 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the record. This criminal revision has been filed by the revisionist with prayer to set aside the order dated 08.05.2025 passed by the learned Additional Principal Judge, Family Court, Pilibhit in Maintenance Case No. 310 of 2023 (Smt. Kamlesh Vs. Satyapal), under Section 125 Cr.P.C./144 BNSS, Police Station Jahanabad, District Pilibhit. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife who is living apart from the husband without any sufficient cause and filed an application under Section 125 Cr.P.C. for maintenance with an application for interim maintenance which has been decided by the learned trial court vide order dated 08.05.2025 fixing the amount of maintenance Rs. 4000/- per month in favour of wife. There is no any regular source of income of the revisionist as he works as mason and earns Rs. 4000/- per month and also makes earning by working in MNREGA. In this way, the amount of maintenance Rs. 4000/- per month as fixed by the leaned trial court in favour of wife is disproportionate to his income and is excessive, therefore, request to set aside the order and reduce the amount. 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 the revisionist and opposite party no. 2 are husband and wife and wife is living apart from him due to his neglect and moved an application under Section 125 Cr.P.C. with an application for interim maintenance. He works as mason and in case he is assumed to be labourer even then he will earn Rs. 500/- per day and in Versus Counsel for Revisionist(s) : Pradeep Kumar Counsel for Opposite Party(s) : G.A. Satyapal .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) a month it will become Rs. 15,000/- per month out of which Rs. 4000/- per month in favour of wife cannot be said to be excessive or disproportionate to his income. In this way, there appears no any illegality or impropriety in the order passed by learned trial court dated 08.05.2025, therefore, it does not warrant interference by this Court as a result this revision being devoid of merit, is liable to be dismissed. Accordingly, the present revision is dismissed at the admission stage itself. September 15, 2025 Anurag Singh CRLR No. 3632 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad