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2025 DAILYLAW 88401 (ALL)

GAURAV TRIPATHI v. STATE OF U.P. AND ANOTHER

CRLR/4621/2025 · 2025-08-21

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144423 Court No. - 84 Case :- CRIMINAL REVISION No. - 4621 of 2025 Revisionist :- Gaurav Tripathi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Aishwarya Krishna,Sarvesh Chaubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. 1. Sri Rajesh Kumar Pandey has filed his Vakalatnama on behalf of opposite party no.2 today in Court, which is taken on record. 2. Heard learned counsel for the revisionist as well as, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the material on record. 3. This criminal revision has been filed with a prayer to allow the revision and quash the order of interim maintenance dated 31.7.2025 passed by learned Principal Judge, Family Court, Bhadohi at Gyanpur in Maintenance Suit No.2 of 2023 (Priya @ Jagriti Vs. Gaurav Tripathi) under Section 125 Cr.P.C., Police Station Aurai, District Bhadohi. 4. It is submitted by learned counsel for the revisionist that in this case the revisionist is husband of opposite party no.2, who is living separate from him without any sufficient reason and filed an application under Section 125 Cr.P.C. with an application for interim maintenance, which has been decided by the learned trial court by order dated 31.7.2025 by fixing amount of Rs.10,000/- as interim maintenance. He further submits that the revisinist is a student and continuing his studies in M.Tech. IInd year and now have no any source of income. On the other hand, the opposite party no.2/the wife is also graduate and she is able to earn her livelihood by giving Tuition and in this way, she earns Rs.60,000/- per month. She also makes income by network marketing, therefore, request to reduce the amount of maintenance as fixed by the learned trial court and set aside the order in question and allow the revision. 5. Learned counsel for the opposite party no.2 as well as learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist has maltreated the opposite party no.2 that was the reason she is living separate from him and also makes false allegations regarding her character. In this way, it cannot be said that she is living apart from him without any sufficient cause but he does not dispute that the revisionist is studying in M.Tech. He also contends that opposite party no.2/the wife is B.A. and is not capable in making any earning either by Tuition or by network marketing. 6. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the order passed by the learned trial court and the capacity of revisionist, it appears just and proper to reduce the amount from Rs.10,000/- per month to Rs.5,000/- per month from the date of application for interim maintenance. 7. Accordingly, this criminal revision is partly allowed and the amount of maintenance is reduced to Rs. 5,000/- per month from the date of application, on the place of Rs.10,000/- per month. Order Date :- 22.8.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad