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Neutral Citation No. - 2025:AHC:71694 Court No. - 79 Case :- CRIMINAL REVISION No. - 4351 of 2024 Revisionist :- Abhijeet Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Prem Chandra Patel 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 moved with prayer to quash the judgment and order dated 08.07.2024 passed by learned Principal Judge, Family Court, Jaunpur in Case No.2178 of 2021 (Smt. Kusum Yadav vs. Abhijeet Yadav) under Section 125 Cr.P.C. 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 reasonable excuse. Learned trial court has determined the amount of maintenance Rs.3000/- per month from the date of application i.e. 21.12.2021 and also ordered the amount of arrears to be paid at the rate of Rs.3000/- per month from the date 21.12.2021. Without going into the merit of the case he requests to divide the amount of arrears in easy installments i.e. Rs.1000/- per month. 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 passed by the learned trial court, it appears that in this case opposite party no.2 is wife of the revisionist who is living separate from him due to his neglect. The revisionist is legally bound to maintain his wife who is unable to maintain herself. The wife makes no any income, therefore, Rs.3000/- per month as maintenance for wife cannot be said to be in excess and the order of making payment from the date of application is also in conformity with the observations made by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324. The learned trial court has directed the revisionist to make payment of Rs.3000/- per month as amount of
arrears of maintenance alongwith the current amount of maintenance from the date of application i.e. 21.12.2021. This court is of the view that the learned trial court has already divided the amount of arrears for easy payment as aforesaid which is just and proper.
There appears no any ground for modifying the order but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 5.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad