Allahabad High Court
Vikas Panchal vs State Of U.P. And 3 Others on 22 July, 2025
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:119019 Court No. - 84 Case :- CRIMINAL REVISION No. - 2220 of 2025 Revisionist :- Vikas Panchal Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Gaurav Pundir Counsel for Opposite Party :- Atmaram Nadiwal,Dinesh Kumar Yadav,G.A. Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionist as well as learned counsel for the opposite party no.2 alongwith learned A.G.A. for the State and perused the record.
This criminal revision has been filed with prayer to allow this revision and set aside the judgment and order dated 12.03.2025 passed by learned Principal Judge, Family Court, Saharanpur in Case No.1137 of 2021 (Munesh Rani and others vs. Vikas Panchaul) u/s 125 Cr.P.C. whereby petition u/s 125 Cr.P.C. filed by the opposite party no.2 to 4, has allowed by the learned Additional Principal Judge, Family Court, Saharanpur and has awarded maintenance to the opposite party no.2 Rs.5000/- per month and has also awarded maintenance to the opposite party nos.3 & 4 Rs.5000/- per month each on the basis of future prospects.
It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife and opposite party nos.3 & 4 are minor sons of the revisionist. Further submits that opposite party no.2 is living separate from him without any sufficient reason with her minor sons and filed an application u/s 125 Cr.P.C. which was decided by the learned trial court by order dated 12.03.2025 fixing the amount of Rs.5000/- per month in favour of wife and Rs.5000/- per month to each minor son till they join job or earn through business or profession etc or even when they are major. He further submits that as per the provisions contained u/s 125 Cr.P.C. the minor children are entitled for maintenance from their father till they attain majority but learned trial court has committed error on this point and fixed the amount of maintenance even after their attaining the age of majority or till they get job or earn through business or profession, therefore, request to set aside the order passed by the learned trial court and allow the revision.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case opposite party no.2/wife is living separate from the revisionist due to his neglect and claimed for maintenance. She is unable to maintain herself having no source of income. On the other hand, the revisionist is a software engineer, owns two cars and gets handsome salary per year. He is Income Tax payee and as per the I.T.R.s his income was Rs.2,88,060/-, Rs.3,49,890/- and Rs.1,20,500/- for the respective years 2017-18, 2018-19 & 2021-22. The revisionist tried to reduce the amount in the I.T.R.s after filing of present application and this was done by him to avoid the liability of maintenance. In this way, the amount fixed by the learned trial court in favour of wife and minor children cannot be said to be more than sufficient or excessive but they could not dispute the legal position as contained u/s 125 Cr.P.C. that minor sons are entitled for maintenance till they attain majority.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, perusal of record and the order passed by the learned trial court, it appears that learned trial court has committed error in granting maintenance in favour of opposite party nos.3 & 4the minor sons till they get job or earn through business or profession etc even when they are major, therefore, it requires interference by this Court.
Accordingly, the present criminal revision is partly allowed and the amount of maintenance to the opposite party nos.3 & 4 (minor sons) is to be paid by the revisionist till they attain majority.
It is made clear that no modification has been made in the amount as fixed by the learned trial court.
Order Date :- 22.7.2025 Ashok Gupta