PRADEEP SINGH BALIYAN v. State of U.P. AND 3 OTHERS
CRLR/4111/2024 · 2025-10-09
Madan Pal Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87147 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87147 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4111 of 2024 Court No. - 89 HON'BLE MADAN PAL SINGH, J.
1. Heard Shri Swetashwa Agarwal, learned counsel for the revisionist, Shri Vandeep Nath, learned counsel for the opposite party nos.2 to 4 as well as learned A.G.A. appearing for the State-opposite party no. 1 and perusal the material on record. 2. The present criminal revision has been preferred with the prayer to set aside the order dated 15.07.2024 passed by the Principal Judge, Family Court, Bulandshahr in Criminal Misc. Case No. 1204 of 2021 (Akansha Baliyan and another Vs. Pradeep Singh Baliyan) as well as connected case bearing Criminal Misc. Case No.414 of 2022 (Aaveeh Baliyan Vs. Pradeep Singh Baliyan (impugned judgment) filed under Section 125 Cr.P.C Police Station- Gulavathi, District- Bulandshahr, by which the application of the opposite party no.2 filed under Section 125 Cr.P.C. has been rejected and the application of opposite party nos.3 and 4 have been allowed and the revisionist was directed to pay Rs.30,000/- per month as maintenance to the opposite party nos.3 and 4 (Rs.15,000/- each) from the date of application. 3. Learned counsel for the revisionist states that the amount awarded by the trial court is excessive as the wife of the revisionist is also having the degree of Bachelor of Physiotherapy (BPT) and she is working as Physiotherapist in the hospital of her father, who is living separately on the basis of the compromise held between the parties. Learned counsel further states that the revisionist runs a business of plying buses on contract basis in UPSRTC. He is having six buses, out of which three buses has already been sold out due to heavy loss incurred during Covid-19 and now his income has been decreased and therefore, he is unable to pay the amount awarded by the trial court. He further states that the revisionist being responsible father of the children, he is ready to pay the said amount but it is also the responsibility of the mother of Versus Counsel for Revisionist(s) : Dinkar Lal, Swetashwa Agarwal Counsel for Opposite Party(s) : Vandeep Nath, Varun Kumar Srivastava, G.A. Pradeep Singh Baliyan .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s)
the children to maintain them proportionately as she is working as Physiotherapist. 4.
On the other hand, learned counsel for the opposite party no.2 states that it is admitted that the wife of the revisionist, who also filed Criminal Revision No. 5314 for setting aside the order impugned, who is working as Physiotherapist. He also admits regarding shared responsibility of the parents to maintain their minor children but the amount awarded by the trial court keeping in view the education, cost of living and inflation rate, cannot be said to be excessive. 5. On considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. perusal of record and order passed by learned trial court, at page no.33 of the judgment it reflects that the annual income of the revisionist is approximately Rs.5,19,000/-. Since he is running the buses, it is presumed that in future his income will grow, hence keeping in view the age, education, cost of living, medical expenses and other misc. expenses, having the status as of revisionist and their mother, in my considered view Rs.40,000/- would be the sufficient amount for the well being of both the children. Since both the parties are working, they under legal obligation to maintain their children and share their responsibility in equal proportion. 6. In view of the facts and circumstances stated here-in-above, Rs.20,000/- comes in the share of the revisionist, therefore, the amount of Rs.30,000/- per month (Rs.15,000/- each) awarded by the trial court deserves to be reduced and if the mother of the minor children incurs Rs.20,000/- as well, it would be sufficient to maintain both the children, in all respect. Accordingly, the amount of Rs.30,000/- per month awarded by the trial court is reduced to Rs.20,000/- per month (Rs.10,000/- to each children). 7.
In case, the revisionist has paid any amount towards the maintenance that shall be adjusted in the amount of arrears and if any arrears are yet to be paid by the revisionist that shall be paid in ten equal instalments. The first instalment shall fall due on November 15th, 2025. The rest nine instalments will be paid on fifteenth of each calendar month. 8. With the above observations/directions, the instant criminal revision is partly allowed. October 10, 2025 Prajapati RK CRLR No. 4111 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad