Research › Search › Judgment

Allahabad High Court · body

2026 DAILYLAW 1618 (ALL)

SHUBHAM v. STATE OF U.P. AND ANOTHER

CRLR/2251/2026 · 2026-05-07

Jai Krishna Upadhyay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2251 of 2026 Court No. - 42 HON'BLE JAI KRISHNA UPADHYAY, J. 1. The present criminal revision has been filed for quashing the judgment and order dated 12.2.2026 passed by Principal Judge, Family Court, Fatehpur in Criminal Case No. 99 of 2022 (Dipika @ Arti vs. Shubam), under Section 125 Cr.P.C, P.S. Jafarganj, District Fathepur. Further prayer has been made to stay the effect and operation of the aforesaid order. 2. Heard learned counsel for the revisionist and learned A.G.A. for the State. 3. It is submitted by the learned counsel for the revisionist that the maintenance amount fixed by the Court concerned in this case is excessive and exorbitant. It is also submitted that due to ailment the revisionist is not able to do any job and he is earning nothing. He will not be in a position to pay such huge amount as fixed by Court concerned. Impugned order suffers from infirmity and illegality warranting interference by this Court. 4. On the other hand, learned AGA opposing the prayer submitted that there is no infirmity or illegality in the impugned order warranting interference by this Court. The maintenance amount fixed by Court concerned is reasonable one. 5. I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record carefully. 6. In this matter, as is evident from the record, the Court concerned has fixed Rs. 5,000/- per month to opposite party no.2 as maintenance. It is not Versus Counsel for Revisionist(s) : Manvendra Singh Counsel for Opposite Party(s) : G.A. Shubham .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) in dispute that opposite no.2 is legally wedded wife of the revisionist. The object of grant of maintenance is to afford a subsistence allowance to the wife, who is not able to maintain herself and is not to punish a person for his past neglect. It provides a speedy remedy for the supply of food, clothing and shelter to the deserted wife. Maintenance awarded to a wife is not a bounty. A wife is also entitled to live with the befitting standard of husband. Thus keeping in view the rate of inflation, rate of house hold things, cost of living and the fact that it is the duty of a husband to maintain his wife, no infirmity or illegality is found in the impugned order. No good ground is made out to interfere with the matter. The criminal revision lacks merits and is liable to be dismissed and the same is accordingly dismissed. May 8, 2026 safi CRLR No. 2251 of 2026 2 (Jai Krishna Upadhyay,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad