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Neutral Citation No. - 2025:AHC:141151 Court No. - 84 Case :- CRIMINAL REVISION No. - 4496 of 2025 Revisionist :- Vinod Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Chandra Bhan Yadav,Sudhakar Shukla 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 prayer to allow the revision and to quash the impugned judgment and order dated 13.05.2025 passed by the learned Principal Judge, Family Court, Azamgarh in Case No.84 of 2016 (Sapna Devi vs. Vinod) under Section 125 Cr.P.C., Police Station Jiyanpur, District Azamgarh and to modify the said order by reducing the total maintenance amount of Rs.7000/- awarded to opposite party nos.2 & 3 and direct that the maintenance shall be payable only from the date of
judgment. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife and opposite party no.3 is minor daughter who are living apart from him from the year 2016. He further submits that the opposite party no.2 has illicit relations with some other person and she was subjecting the revisionist to harassment. She filed an application u/s 125 Cr.P.C. which was allowed by the learned trial court by order dated 13.05.2025 fixing the amount of maintenance Rs.4500/- per month in favour of wife and Rs.2500/- per month in favour of minor daughter from the date of application. He also submits that the revisionist is an employee and works as lab technician and gets salary about Rs.33,000/- per month. Learned trial court has fixed the amount of maintenance disproportionately and made it payable from the date of application, therefore, request to reduce the amount and make the amount payable from the date of order and also divide the amount of maintenance in installments. 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. and the order dated 13.05.2025 passed by the learned trial court, it appears that opposite party no.2 is wedded wife of the revisionist and opposite party no.3 is minor daughter who are living apart from him due to neglect on the part of the revisionist. It also appears that allegation of illicit relation of opposite party no.2 with Sanjay S/o Bhaironath was made by the revisionist and Sanjay was also examined as PW-2 before the learned trial court who stated clearly that the parents of opposite party no.2 died in her childhood and he is her mama. She was brought up by his father and was married by him to the revisionist. There is no any other material on record to establish the fact that she was living in illicit relation with PW-2 Sanjay who is her mama. The amount as fixed can also not be said to be disproportionate or excessive. As per the observations made by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324 the maintenance is to be allowed from the date of application and not from the date of order.
In this way, there appears no any illegality in the order dated 13.05.2025, therefore, it does not warrant any interference by this Court. So far as the amount of arrears of maintenance is concerned, it shall be divided into 24 equal installments to be payable with the current amount of maintenance month to month. Accordingly, this criminal revision is disposed of at the admission stage itself.
Order Date :- 19.8.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad