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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4925 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist well as learned A.G.A. and perused the material on record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 10.07.2025 passed by the learned Additional Principal Judge, Family Court-III, Bareilly in Case No. 2192 of 2022 and 1386 of 2024 (Smt. Reena Saini Vs. Dr. Atul Kumar), under Section 125 Cr.P.C., Police Station Premnagar, District Bareilly. It is submitted by learned counsel for the revisionist that in this case, the opposite party nos. 2 and 3 are wife and minor daughter of the revisionist living separate from him without any sufficient cause and filed an application under Section 125 Cr.P.C. with an application for interim maintenance which was decided by the learned trial court vide order dated 10.07.2025 fixing the amount of Rs. 3000/- per month in favour of wife and Rs. 2000/- per month in favour of minor daughter. The revisionist is not a doctor but carry the bag of medical representative and has no any degree of doctor. Further submitted that he has no any regular source of income ever though learned trial court has fixed the amount as aforesaid from the date of application that is excessive and illegal, therefore, request to set aside the
order passed by learned trial court and to reduce the amount since it is beyond his paying capacity and also to make installments of arrears of maintenance for easy payment. Learned A.G.A. opposed the prayer as aforesaid. Versus Counsel for Revisionist(s) : Manoj Kumar Srivastava Counsel for Opposite Party(s) : G.A. Dr. Atul Kumar .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s)
On considering the facts and circumstances of the case submissions made by
learned counsel for the revisionist as well learned A.G.A. perusal of record and order passed by learned trial court, it appears that admittedly the opposite party nos. 2 and 3 are wife and minor daughter of the revisionist who are living separate from him due to his neglect. The wife/opposite party no. 2 has no any source of regular income and she is unemployed and she is not able to maintain herself and minor daughter. The revisionist being able bodied person is under legal obligation to maintain his wife and minor daughter who are living apart from him due to his neglect. So far as the income of the revisionist is concerned, an affidavit has been filed by the opposite party no. 2 showing him as Dr. Atul Kumar from Shri Shiddha Rameshwar Ayurvedic Medical College and Hospital Naubad even though learned trial court has fixed the amount of maintenance on the basis of wages to an expert labourer as fixed by the State Government and assumed his income as Rs. 13,546/- per month. The amount of maintenance fixed by the learned trial court Rs. 3000/- per month in favour of wife and Rs. 2000/- per month in favour of minor daughter cannot be said to be excessive or more than sufficient. In this way, there appears no any illegality or impropriety in the order passed by learned trial court and it does not warrant interference by this Court. So far as the amount of arrears of maintenance is concerned, it may be divided into 10 equal monthly installments payable with the current amount of maintenance per month. Accordingly, the present revision is disposed of at the admission stage. September 16, 2025 Anurag Singh CRLR No. 4925 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad