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2025 DAILYLAW 76378 (ALL)

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

CRLR/3660/2025 · 2025-07-27

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123703 Court No. - 84 Case :- CRIMINAL REVISION No. - 3660 of 2025 Revisionist :- Sagar Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rishabh Shukla,Yogendra Nath Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. This criminal revision has been filed with a prayer to allow the revision and set aside the judgment and order dated 22.05.2025 passed by learned Principal Judge, Family Court, Saharanpur in Case No. 2642 of 2023 (Smt. Riya Sain Vs. Sagar Kumar) under Section 125 Cr.P.C., Police Station Behat, District Saharanpur by which the revisionist has been directed to pay Rs. 6,000/- per month as interim maintenance till the disposal of the case and further prays to stay the effect and operation of the aforesaid order during the pendency of this revision . It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife who is living separate from him without any sufficient cause. She moved an application under Section 125 Cr.P.C. with an application for interim maintenance which was allowed by the learned trial court fixing the amount of maintenance Rs. 6,000/- per month as interim maintenance that is disproportionate to the income of the husband that is Rs. 14,079/- per month which he gets by working in Nagar Nigam as outsourcing employee, therefore, request to reduce the amount. Learned A.G.A. opposed the prayer as aforesaid. 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 and the order passed by the learned trial court dated 22.05.2025, it appears that the opposite party no. 2 is wife of the revisionist who is living apart from him due to his neglect and have no any source of income. On the other hand the revisionist works as outsourcing employee and gets salary as aforesaid and have other property in the house showing him to be prosperous and taking into account the status of the revisionist and his wife/ the opposite party no. 2, the learned trial court has fixed the amount Rs. 6,000/- per month as interim maintenance which cannot be said to be more than sufficient or excessive but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed. Order Date :- 28.7.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad