Allahabad High Court
Sri Lalit Kumar vs State Of U.P.And Another on 8 July, 2025
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:106837 Court No. - 84 Case :- CRIMINAL REVISION No. - 109 of 2025 Revisionist :- Sri Lalit Kumar Opposite Party :- State Of U.P.And Another Counsel for Revisionist :- Neeraj Tripathi Counsel for Opposite Party :- G.A. 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 prayer to allow the revision and set aside the judgment and order dated 26.11.2024 passed by learned Additional Principal Judge, Family Court No. 1, Bulandshahar in Maintenance Case No. 1467 of 2021 (Smt. Gulshan Vs. Lalit Kumar) under Section 125 Cr.P.C. Police Station Kotwali Dehat, District Bulandshahar.
It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is his wedded wife who is living apart from him without any sufficient cause. She filed an application under Section 125 Cr.P.C. for maintenance which was decided by the learned trial court fixing the amount of maintenance Rs. 3000/- per month from the date of application. Further submitted that he is an unemployed person and have no any regular income, therefore, amount as fixed by the learned trial court is excessive and beyond his paying capacity, therefore, request to reduce the amount and also request to divide the amount of arrears of maintenance in easy installments since he is ready to make payment of Rs. 50,000/- at present.
Learned A.G.A. opposed the prayer as aforesaid.
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 the learned trial court, it appears that the opposite party no. 2 is wife of the revisionist and living apart from him due to neglect on his part. The learned trial court has fixed the amount of maintenance Rs. 3000/- per month in favour of wife which cannot be said excessive or more than sufficient. The learned trial court has also divided the arrears of maintenance in 24 equal installments but no amount has been deposited by him so far. In such a situation the revisionist is directed to make payment of Rs. 50,000/- within a period of one month and thereafter he will continue to pay the current amount with amount of arrears of maintenance in installments as fixed by the learned trial court.
Accordingly, the present revision is disposed of finally.
Order Date :- 8.7.2025 Anurag Singh