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2025 DAILYLAW 98041 (ALL)

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

CRLR/5748/2025 · 2025-09-22

Subhash Chandra Sharma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5748 of 2025 Court No. - 84 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 filed with a prayer to allow the revision and set aside the judgment and order dated 01.08.2025 passed by the learned Principal Judge, Family Court, Kanpur Dehat in Case No. 1163 of 2024 (Smt. Annpurna Vs. Ankur Tripathi), under Section 125 Cr.P.C., Police Station Shivli, District Kanpur Dehat. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife of the revisionist who is living apart from him without any sufficient cause. The marriage was performed in the year 2023 but after marriage, the opposite party no. 2/wife started misbehaving with the revisionist and his parents, those are ill and also she made pressure on the revisionist to live in city. He is working as junior Advocate at Mati. Further submitted that he is not in a position to live in city due to his meager income. She 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 01.08.2025 fixing the amount Rs. 4000/- per month in favour of wife as interim maintenance that is excessive, therefore, request to set it aside and allow the revision and reduce the amount as fixed by the learned trial court. Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances of the case, submissions made Versus Counsel for Revisionist(s) : Amit Kumar Verma, Manish Sharma, Shivam Dubey Counsel for Opposite Party(s) : G.A. Ankur Tripathi .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 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 admittedly the revisionist and opposite party no. 2 are husband and wife. The opposite party no. 2 is living apart from him due to his neglect. The amount as fixed by the learned trial court Rs. 4000/- per month in favour of wife as interim maintenance cannot be said to be excessive or more than sufficient. In this way, the order passed by learned trial court dated 10.08.2025 cannot be said to be illegal and in appropriate but this revision being devoid of merit is liable to be dismissed at the admission stage itself. Accordingly, this criminal revision is dismissed. September 23, 2025 Anurag Singh CRLR No. 5748 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad