Krishan Kumar Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another
Case brief
What is this about?
Criminal Revision No. 1181 of 2024, High Court of Judicature at Allahabad (Lucknow Bench), Court No. 11, decided 27-08-2025 by Saurabh Lavania, J. Revisionist: Krishan Kumar Gupta (husband); opposite parties: State of U.P. thru Principal Secretary, Deptt. of Home (no.1) and Smt. Komal Gupta (no.2, wife). Subject: challenge to the Principal Judge, Family Court, Gonda order dated 23.08.2024 (Criminal Misc. Case no. 817 of 2022) awarding Rs. 3,500/- per month maintenance from 18.07.2022. Revisionist's objections: wife is educated and earns sufficiently; she left the matrimonial home of her own volition, hence not entitled under Section 125 Cr.P.C. Court's findings: earnings allegations unproved; FIR Case Crime no. 390/2020 with charge-sheet filed (Sections 498A, 323, 504, 506 IPC; Sections 3/4 DP Act) shows she left under compelling circumstances; no illegality, irregularity or jurisdictional error. Outcome: revision DISMISSED; interim order vacated; no order as to costs. Cases: Anju Garg 2022 SCC OnLine SC 1314; Sanjeev Kapoor (2020) 13 SCC 172; Chander Parkash Bodh Raj 1968 SCC OnLine Del 52; Rajnesh v. Neha (2021) 2 SCC 324; Kulbhushan Kumar (1970) 3 SCC 129; Kalyan Dey Chaudhary (2017) 14 SCC 200. Statutes: Sections 125, 127, 362 Cr.P.C.; Articles 15(3) and 39, Constitution of India. Keywords: Section 125 CrPC maintenance, separated wife, Family Court Gonda, criminal revision dismissed, able-bodied husband presumed capable of earning, 25 percent of net income benchmark.