SYED ASIF ALI @ GUDDU v. STATE OF U.P. AND ANOTHER
CRLR/5412/2025 · 2025-09-11
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 94487 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 94487 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5412 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 with a prayer to allow the revision and set aside the judgment and order dated 14.08.2025 passed by the learned Principal Judge, Family Court, Bareilly in Criminal Misc. Case No. 177 of 2024 (Smt. Shagufta Zahid @ Neha Vs. Syed Asif Ali @ Guddu), under Section 125 of Cr.P.C., Police Station Kotwali, District Bareilly and also prays to stay the effect and operation of the aforesaid order. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife who lives apart from him without any sufficient cause and is able to maintain herself by working in T.V.S. company. He further submits that the opposite party no. 2 herself misbehaved the revisionist and his mother and left her sasural. No any demand of dowry or harassment in relation thereto was made by the husband or his mother even though she made false allegations and filed an application under Section 125 Cr.P.C. and also filed an application for interim maintenance Paper No. 17 Kha which has been decided by the learned trial court by order dated 17.04.2025 by which Rs. 3,000/- per month was fixed for interim maintenance in favour of wife. He further submits that he was working in Riyadh at Saudi Arab but now he is living with his mother and has no any job. The learned trial court has not considered the fact that the opposite party no. 2 herself is working in T.V.S. motorcycle agency as sales girl and getting Rs. 15,000/- per month, therefore, request to set aside the order passed by the learned trial court dated 14.08.2025 and allow the revision. Learned A.G.A. opposed the prayer as aforesaid.
Versus Counsel for Revisionist(s) : Ahmad Ali Siddiqui, Raj Kumar Chauhan Counsel for Opposite Party(s) : G.A. Syed Asif Ali @ Guddu .....Revisionist(s) State of U.P. and Another .....Opposite Party(s)
On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 14.08.2025, it appears that due to neglect on the part of revisionist, the opposite party no. 2/the wife was living apart from him. She has made allegation against him about demand of dowry and harassment. Admittedly, the revisionist was working at Riyadh in Saudi Arab since he has stated in W.S. on 05.04.2023 just after marriage he went there. On the other hand, there is nothing on record to show that the opposite party no. 2 is working as sales girl in T.V.S. motorcycle agency and earning Rs. 15,000/- per month. The amount of interim maintenance so fixed by the learned trial court Rs. 3,000/- per month in favour of wife 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 the learned trial court dated 14.08.2025 but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed. September 12, 2025 Suraj Srivastav CRLR No. 5412 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad