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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3977 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 to set aside the impugned judgment and order dated 12.06.2025 passed by learned Principal Judge, Family Court, Jhansi in Case No.73 of 2025 (Smt. Sugandha Sahu and others vs. Jayraj Sahu) under Section 144 B.N.S.S., Police Station Gursarai, District Jhansi whereby the learned trial court
directed the revisionist to pay Rs.8000/- per month in faovur of opposite party no.2/wife and Rs.7000/- per month in favour of opposite party no.3/minor child. It is submitted by learned counsel for the revisionist that the opposite party no.2 is wife and opposite party no.3 is minor daughter who is living apart from him without any sufficient cause and filed an application u/s 144 B.N.S.S. with an application for interim maintenance which was decided by the learned trial court by order dated 12.06.2025 fixing the amount of maintenance Rs.8000/- per month in favour of wife and Rs.7000/- per month in favour of minor daughter, total Rs.15,000/- per month. Further submits that the revisionist never misbehaved or maltreated the wife but she herself misbehaved with the revisionist and other members of his family and left his house. She is highly qualified lady and is able to make earning and to maintain herself even though the learned trial court has allowed for interim maintenance. The revisionist is Loco Pilot and gets salary Rs.43,955/- per month as admitted by him after deductions out of which maintenance Versus Counsel for Revisionist(s) : Kuldeep Kumar Counsel for Opposite Party(s) : G.A. Jayraj Sahu .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s)
Rs.15,000/- per month is disproportionate, therefore, request to reduce the amount as 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
learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order passed by learned trial court, it appears that the marriage between the parties was solemnized in the year 2021 and out of wedlock opposite party no.3 Km. Vedika was born who is aged about 3 years now. There is nothing on record to show that wife/opposite party no.2 is making any income and is able to maintain herself though she has completed Polytechnic Diploma, B.Tech. and B.T.C. but on this basis it cannot be said that she is able to maintain herself. On the other hand, revisionist himself works as Loco Pilot in Railways and as per pay slip for the month of April, 2025 his gross salary is Rs.59,971/- per month and after deductions it is Rs.55380/- per month out of which maintenance Rs.8000/- per month in favour of wife and Rs.7000/- per month in favour of minor child, total Rs.15,000/- per month cannot be said to be disproportionate to the income of the revisionist. Thus, there appears no illegality or impropriety in the order passed by the learned trial court but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admission stage itself. September 18, 2025 Ashok Gupta CRLR No. 3977 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad