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2025 DAILYLAW 80506 (ALL)

MOSEEM ALAM v. STATE OF U.P. AND 3 OTHERS

CRLR/4089/2025 · 2025-09-07

Subhash Chandra Sharma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4089 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist as well as the learned AGA for the State. The present criminal revision has been preferred by the revisionist with the prayer to set aside the impugned judgement and order dated 20.05.2025 passed by Additional Principal Judge, Family Court, Kushinagar in Maintenance Case No.927 of 2020 (Shabana Khatoon and others Vs. Moseem Alam), under Section 125 Cr.P.C., Police Station Kasya, District Kushinagar. Learned counsel for the revisionist submits that in this case opposite party no.2 is the wife and opposite party nos.3 & 4 are minor children of the revisionist. He further submits that the marriage was performed earlier in the year, 2009. The revisionist was working in Army and the opposite party no.2 misbehaved with the mother of the revisionist and she also beat her and started living separate in her Maika with two minor children. He further submitted that she is living apart from him without any sufficient reason and now decree of divorce has been passed between the parties. The qualification of opposite party no.2 is M.A. & D.El.Ed and is teaching in a private school and has capacity to make earning and is able to maintain her and minor children even though learned trial court have fixed the amount of Rs. 6000/- in favour of wife and Rs.3000/- for each in favour of minor children till their attaining majority. The revisionist is retired Army personal and gets pension Rs.23,000/- per month. He has liability to maintain his old mother, therefore, the amount so fixed by the learned trial court being excessive, is liable to be Versus Counsel for Revisionist(s) : Chandan Kumar Jaiswal Counsel for Opposite Party(s) : G.A. Moseem Alam .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s) reduced. On the other hand, learned AGA has 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. and perusal of record, the order passed by the learned trial court dated 20.05.2025, it appears that opposite party nos.2, 3 & 4 are wife and minor children of the revisionist. Due to neglect on the part of the revisionist, opposite party no.2, 3 & 4 are living apart from him. On account of triple talak, divorce of decree has also been passed between the parties. Revisionist has not paid any amount to opposite party nos.2, 3 & 4 for their maintenance. It also shows neglect on his part. The learned trial court has fixed the amount Rs.6000/- in favour of wife and Rs.3000/- for each child for their maintenance. Since there is no any material on record to show that the opposite party no.2 is making any income, therefore, this amount cannot be said to be excessive or more than sufficient. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 20.05.2025 but this criminal revision being devoid of merit is liable to be dismissed at the admission stage itself. Accordingly, this criminal revision is, hereby, dismissed. September 8, 2025 Sanjeet CRLR No. 4089 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad