Disposed¶11

Gyanchandra Vishwakarma v. State of U.P. and 4 Others

MAINTENANCE – Arrears

Allahabad HC17 Apr 2025CRLR/1368/2025

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What is this about?

Allahabad High Court; Criminal Revision No. 1368 of 2025; Gyanchandra Vishwakarma v. State of U.P. and 4 others; neutral citation 2025:AHC:56240; Subhash Chandra Sharma, J.; order dated 17.4.2025. Keywords: Section 125 Cr.P.C.; maintenance; arrears; paying capacity; farmer; 18 equal monthly installments; Family Court Kaushambi; Case No.388 of 2020; disposed of at admission stage.

What did the court decide?

Arrears of maintenance to be paid by the revisionist in 18 equal monthly installments together with the current maintenance; the criminal revision was disposed of at the admission stage itself. ¶11

Gyanchandra Vishwakarma vs State of U.P. and 4… — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:56240

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Court No. - 79

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Case :- CRIMINAL REVISION No. - 1368 of 2025

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Revisionist :- Gyanchandra Vishwakarma Opposite Party :- State Of U.P. And 4 Others Counsel for Revisionist :- Krishna Chandra Pandey,Revati Raman Vishwakarma Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

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The present criminal revision has been filed with prayer to allow this application and set aside the judgment and order dated 24.12.2024 passed by learned Principal Judge, Family Court, Kaushambi in Case No.388 of 2020 (Smt. Gayatri Devi and others vs. Gyanchandra Vishwakarma) u/s 125 Cr.P.C., Police Station Saini, District Kaushambi.

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Learned counsel for the revisionist without going into the merits of the case submits that in this case learned trial court has awarded the amount of maintenance Rs.1000/- for each minor child those are three in numbers but it has been awarded from the date of application on the place of order. The amount of arrears of maintenance is huge which is beyond the paying capacity of the revisionist since he is a farmer having no sufficient means to make earning and to make payment, therefore, request to divide the amount of arrears in installments for easy payment.

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Learned A.G.A. has no objection in this regard.

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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 the order passed by learned trial court, since the submission is regarding dividing the amount of arrears for easy payment, therefore, in considered opinion of this Court the amount of arrears be divided into 18 equal installments that will be paid by the revisionist to the opposite parties monthly alongwith the payment of current amount of maintenance.

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Accordingly, this criminal revision is disposed of at the admission stage itself.

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Order Date :- 17.4.2025 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Gyanchandra Vishwakarma v. State of U.P. and 4 Others

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Gyanchandra Vishwakarma v. State of U.P. and 4 Others

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