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2025 DAILYLAW 81045 (ALL)

SHIV PRAKASH PAL v. STATE OF U.P. AND 3 OTHERS

CRLR/3947/2024 · 2025-04-29

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67129 Court No. - 79 Case :- CRIMINAL REVISION No. - 3947 of 2024 Revisionist :- Shiv Prakash Pal Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Kunwar Pankaj Singh,Vikas Srivastava 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. for the State and perused the material on record. This criminal revision has been filed with a prayer to allow the present revision and set aside the judgment and order dated 04.05.2024 passed by the learned Additional Principal Judge, Family Court, Tritiya, Jaunpur, J.O. Code U.P. 6464, Case No. 1539 of 2018 Maintenance/597/2018 (Guddi and others Vs. Shiv Prakash Pal) under Section 125 Cr.P.C., Police Station Sureri, District Jaunpur. It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is wife of revisionist and opposite party nos. 3 and 4 are minor children. It is further submitted that the wife is living separate from the revisionist without any reasonable excuse and filed present application under Section 125 Cr.P.C. for maintenance. The learned trial court has allowed the application and fixed the amount of maintenance Rs. 2,000/- per month in favour of wife/opposite party no. 2 and Rs. 1,000/- per month and 500/- per month to both the minor children, total Rs. 3,500/- per month which is beyond paying capacity of the revisionist, therefore, request to set aside the order passed by the learned trial court and also divide the amount of arrears in easy installments. 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, the order passed by the learned trial court, it appears that due to neglect on the part of revisionist the opposite party no. 2 started living in her Maika in the year 2017 when she was pregnant. Even when the child was born the revisionist did not take care of her and no any money was given by him. This also shows the neglect on the part of the revisionist. The revisionist is able bodied person and has stated that Rs. 7,500/- is earned by him by working in private company out of which the learned trial court has fixed the amount of maintenance Rs. 2,000/- per month in favour of wife, Rs. 1,000/- per month in favour of daughter and Rs. 500/- per month in favour of minor son, total Rs. 3,500/- per month which cannot be said to be sufficient for the maintenance of wife and two minor children. The amount so fixed by the learned trial court cannot said to be excessive and the order passed by the learned trial court cannot be said to be illegal and inappropriate, therefore, it does not require any interference by this Court. Accordingly, this criminal revision is, hereby, disposed of with direction to the revisionist to make payment of arrears of maintenance in twelve equal installments with the current amount of maintenance. Order Date :- 30.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad