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2025 DAILYLAW 82223 (ALL)

AYUSH VARSHNEY ALIAS AASHU v. STATE OF U.P. AND ANOTHER

CRLR/4126/2025 · 2025-08-03

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130197 Court No. - 84 Case :- CRIMINAL REVISION No. - 4126 of 2025 Revisionist :- Ayush Varshney Alias Aashu Opposite Party :- State of U.P. and Another Counsel for Revisionist :- A.L.Gupta 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 order dated 02.05.2025 passed by learned Principal Judge, Family Court, Court, Gautam Buddh Nagar under Section 125 Cr.P.C. in Criminal Misc. No. 402 of 2020 (Smt Suhasi Varshney and other Vs. Ayush Varshney @ Ashu) and further prays to stay the effect and operation of the aforesaid order. 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 reasonable cause and filed an application under Section 125 Cr.P.C. before the learned trial court with an application for interim maintenance which was decided by the learned trial court by order dated 02.05.2025 fixing the amount Rs. 4,000/- in favour of wife and Rs. 2,000/- in favour of minor child. He further submits that the revisionist has passed high school and have no any employment on the other hand, the opposite party no. 2 is B.Com and makes income by teaching in a school even though the learned trial court has awarded the amount of maintenance as aforesaid without considering this facts of the case, therefore, request to set aside the order dated 02.05.2025 and allow the revision. 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, it appears that the opposite party no. 2 is wife of the revisionist who is living apart from him with a minor child due to his neglect and the learned trial court has fixed the amount of maintenance Rs. 4,000/- per month in favour of wife and Rs. 2,000/- per month in favour of minor child. There is nothing on record to show that the wife is making any income and is able to maintain herself or the minor child. The revisionist being husband and father and able bodied person is under obligation to maintain his wife and child. There appears no any illegality or impropriety in the order passed by the learned court dated 02.05.2025, therefore, it does not require any interference by this Court but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed. Order Date :- 4.8.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad