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2025 DAILYLAW 91463 (ALL)

CHAND BABU v. STATE OF U.P. AND 2 OTHERS

CRLR/5238/2025 · 2025-09-15

Subhash Chandra Sharma

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5238 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist as 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 learned Additional Principal Judge, Family Court, Pilibhit in Criminal Misc. Case No. 967 of 2012 (Km Sania and another Vs. Chand Babu), under Section 127 Cr.P.C., Police Station Kotwali, District Pilibhit. It is submitted by learned counsel for the revisionist that in this case, the opposite party nos. 2 and 3 are daughters of the revisionist those are living apart form him. They are living in the house of grand father (nana) and their mother had already died. A case under Section 125 Cr.P.C. No. 710 of 2008 was decided on 31.10.2009, thereafter an application under Section 127 Cr.P.C. was moved for enhancement of amount of maintenance by the opposite party nos. 2 and 3 which was decided by the learned trial court vide order dated 10.07.2025 enhancing the amount of maintenance in favour of both daughters at the rate of Rs. 7000/- per month for each till they attain majority on the place of Rs. 400/- and Rs. 300/- that was granted vide order dated 31.10.2009. He also submitted that the opposite party nos. 2 and 3 prayed for Rs. 5000/- per month but the learned trial court has fixed Rs. 7000/- that is illegal and beyond jurisdiction. Further submitted that now the opposite party nos. 2 and 3 have become major even though the learned trial court has fixed the amount of maintenance till their attaining majority though they are not entitled for maintenance after attaining majority. In this Versus Counsel for Revisionist(s) : Rakesh Pati Tiwari Counsel for Opposite Party(s) : G.A. Chand Babu .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) way, order passed by learned trial court is illegal and erroneous and liable to be set aside. Learned A.G.A. opposed the prayer as aforesaid and contended that an application under Section 127 Cr.P.C. was filed by the opposite party nos. 2 and 3, those were minor in the year 2012. The learned trial court has enhanced the amount of maintenance till they become major, therefore, for the period of minority, they will be entitled for amount of maintenance from their father. Further contended that the application for enhancement was filed by them claiming Rs. 5000/- per month as maintenance but the learned trial court has enhanced the amount at the rate of Rs. 7000/- taking in view the dearness in the market, therefore it cannot be said that the order passed by learned trial court is illegal. On 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 order passed by learned trial court, it appears that in application under Section 125 Cr.P.C. the amount of maintenance Rs. 400/- and Rs. 300/- was fixed in favour of opposite party nos. 2 and 3 vide order dated 31.10.2009. For enhancement of amount an application under Section 127 Cr.P.C. was filed in the year 2012 which has been decided vide order dated 10.07.2025 and learned trial court has enhanced the amount at the rate of Rs. 7000/- for each daughter in view of time gap and the dearness in the market, therefore, it cannot be said that the amount so fixed by the learned trial court is excessive or more than sufficient. Now they have become major, therefore, the enhanced amount will be paid by the revisionist only for the period of minority and will come to an end as they attained majority. In considered opinion of this Court, there appears no any illegality or impropriety in the order passed by learned trial court dated 10.07.2025 and it does not warrant interference by this Court, as a result this criminal revision being devoid of merit is liable to be dismissed. Accordingly, the present revision is dismissed at the admission stage itself. September 16, 2025 Anurag Singh CRLR No. 5238 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad