Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 86980 (ALL)

ASHOK SINGH v. STATE OF U.P. AND 2 OTHERS

CRLR/4544/2025 · 2025-09-09

Subhash Chandra Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4544 of 2025 Court No. - 84 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 quash/set aside the impugned order dated 30.06.2025 passed by the Principal Judge, Family Court, Chitrakoot in Case No.49/2022 (State vs. Neha Singh & another) under Section 125 Cr.P.C., Police Station Raipura, District Chitrakoot and also prays to stay the effect and operation of the order dated 30.06.2025. 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 of the revisionist who is living separate from him without any sufficient cause and filed an application u/s 125 Cr.P.C. which was decided by learned trial court by order dated 30.06.2025 fixing the amount of maintenance Rs.5000/- per month in favour of wife and Rs.3500/- per month in favour of minor daughter. Further submits that the marriage between the parties was performed in the year 2016 and on account of suspicion the opposite party no.2 started living separate from the revisionist from the year 2017 and filed the present application. There was no any torture and harassment done by the revisionist or any member of his family even though she made false allegations regarding character of the revisionist and also for harassment. Learned trial court has not considered this fact but decided the application in favour of wife. He also submits that the revisionist works on contract basis in power plant as operator and gets Rs.500/- per day. He gets works for a Versus Counsel for Revisionist(s) : Pusp Raj Singh Counsel for Opposite Party(s) : G.A. Ashok Singh .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) period of 20 days in a month on the basis of daily wages out of which the amount so fixed by the learned trial court, total Rs.8500/- per month is excessive and disproportionate and is also beyond his capacity. The agricultural land is in the name of his father though it is measuring 30 bighas but there are three brothers. In this way, the amount being excessive is liable to be reduced by setting aside the order dated 30.06.2025. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by the learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order passed by the learned trial court, it appears that the opposite party no.2 & 3 are wife and minor daughter of the revisionist and their marriage was performed in the year 2016. There was allegation on the part of the wife that the revisionist has illicit relation with Richa Singh sister of jethani Roshni. In addition to this, she was being subjected to torture and harassment as a result she started living separate from him and filed the present application. It also appears that Richa Singh was married to Arunoday Singh who has filed a case for divorce as Case No.114/2020 on account of this affair. In this way, there is sufficient ground for the wife to live separate from the husband. There is no any material on record to show that opposite party no.2/wife is making any income or is able to maintain herself and also the minor daughter. On the other hand, the revisionist works as operator in power plant and as per his statement he gets Rs.500/- per day though he has not filed his salary slip before the learned trial court. There is 30 bighas agricultural land being cultivated jointly with father as admitted by the revisionist himself. The amount of maintenance Rs.5000/- per month in favour of wife and Rs.3500/- per month in favour of minor daughter cannot be said to be too much or more than sufficient. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court but this revisions being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed. September 10, 2025 Ashok Gupta CRLR No. 4544 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad