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2025 DAILYLAW 80958 (ALL)

CHHEDI LAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

CRLR/4086/2025 · 2025-08-17

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140458 Court No. - 84 Case :- CRIMINAL REVISION No. - 4086 of 2025 Revisionist :- Chhedi Lal And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Brajesh Kumar Singh Counsel for Opposite Party :- G.A.,Kamal Singh Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the revisionists as well as learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the material on record. 2. This criminal revision has been filed with a prayer to allow the revision and set aside the impugned judgment and order dated 13.6.2025 passed by learned Principal Judge, Family Court, Kaushambi, in Case No. 647 of 2023 (Computerized Case No. UPKS020014202023) (Chhedi Lal and another Vs. Ram Shankar Prajapati) under Section 125 Cr.P.C., Police Station Manjhanpur, District Kaushambi. 3. It is submitted by learned counsel for the revisionists that in this case revisionist nos.1 and 2 are father and mother of opposite party no.2, those are living separate from him and are unable to maintain themselves. They filed an application for maintenance against the opposite party no.2, which was allowed by the learned trial court by order dated 13.6.2025 fixing the amount of Rs.7,500/- per month for each as maintenance. He further submits that the opposite party no.2 is a teacher in Primary School, Sehiya, District Kaushambi and gets salary Rs.67,000/- per month. He also submits that the parents are suffering from old age infirmities. The revisionist no.2, the mother of opposite party no.2, is also suffering from disease of back bone and heavy amount is spent on her treatment. Learned trial court did not consider this fact but fixed the amount that is less than sufficient. He also submits that there is an elder brother of opposite party no.2 but he is unemployed and have no any source of income, therefore, the revisionists are totally dependent on opposite party no.2. He requests to increase the amount of maintenance as fixed by the learned trial court. 4. Learned counsel for the opposite party no.2 contends that he is teacher and gets salary as such. He admits the fact of illness of his mother and also contends that huge expenses on her treatment are being incurred. The learned trial court has fixed the amount that is sufficient for their maintenance. He also contends that his wife was enraged with this fact and she filed an application under Section 125 Cr.P.C. for maintenance, therefore, the amount as fixed by the learned trial court cannot be said to be liable to be enhanced. 5. On considering the facts and circumstances, submissions made by learned counsel for both the parties as well as learned A.G.A., perusal of record and the order passed by learned trial court dated 13.6.2025, it appears that opposite party no.2 is son of the revisionists, who is working as teacher and gets salary Rs.67,000/- per month, out of which Rs.7,500/- per month for each, total Rs.15,000/- per month, has been fixed as maintenance for them. The opposite party no.2 has wife and there is litigation between both of them regarding maintenance as stated by learned counsel for the opposite party. There is agricultural land also with the revisionists, therefore, the amount so fixed by the learned trial court cannot be said to be less than sufficient for the parents. In this way, the order passed by learned trial court cannot be said to be illegal or improper and does not warrant any interference by this Court. 6. Accordingly, this criminal revision is, hereby, dismissed at the admission stage itself. Order Date :- 18.8.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad