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2025 DAILYLAW 83853 (ALL)

MASTER ABIR MINOR v. STATE OF U.P. AND ANOTHER

CRLR/4109/2024 · 2025-04-22

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61147 Court No. - 79 Case :- CRIMINAL REVISION No. - 4109 of 2024 Revisionist :- Master Abir Minor Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Diksha Yadav,Rajesh 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 record. The present criminal revision has been filed with prayer to allow the present criminal revision and enhance the interim maintenance amount from Rs.6000/- per month to Rs.23,000/- per month from the date of application as awarded by Additional Principal Judge, Family Court, Court No.2, Kanpur Nagar vide order dated 15.06.2024 passed in Case No.1285 of 2023 (Master Abir vs. Pankaj) under Section 125 Cr.P.C., Police Stationi Rail Bazar, District Kanpur Nagar. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 is father of the revisionist who is minor son. Further submitted that an application u/s 125 Cr.P.C. was moved by the mother of the revisionist before the learned court for her maintenance which was registered as Case No.428/2019 and Rs.9000/- per month were allowed as interim maintenance in her favour but till that time present revisionist was not born. After his birth the amount for maintenance allowed in favour of her mother being insufficient present application for maintenance was filed on behalf of the revisionist by the mother which was registered as Case No.1285 of 2023 for awarding maintenance in his favour which was allowed and Rs.6000/- per month were fixed as interim maintenance vide order dated 15.06.2024 but that amount is less than sufficient, therefore, the present revision has been filed. Further submitted that the minor son has become 6 years old and now he is in the age of taking education. The amount of Rs.6000/- per month cannot be said to be sufficient for his maintenance as well as for the expenses on education, therefore, request to increase the amount awarded by the learned trial court as interim maintenance. 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 dated 15.06.2024 passed by learned trial court, it appears that the revisionist (minor son) is aged about 6 years and Rs.6000/- per month has been fixed as the amount for interim maintenance in his favour. In the considered opinion of this Court, the amount of Rs.6000/- per month is sufficient for the maintenance of child aged about 6 years. In case the expenses on education of the child increases in future he has an option to move an application before the learned trial court in this regard and the learned court will consider the application of the revisionist and may fix the amount for educational expenses. Accordingly, this criminal revision is disposed of finally at the admissions stage itself. Order Date :- 23.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad