Dismissed¶14

Dharmendra Singh @ Balaji v. State of U.P. and 2 Others

Allahabad HC22 Aug 2025CRLR/1544/2024

Case brief

AI extract

What is this about?

Section 125 Cr.P.C. maintenance revision dismissed — Allahabad HC, CRIMINAL REVISION No. 1544 of 2024 (2025:AHC:146075, Harvir Singh J., order dt. 23.8.2025). Family Court Fatehpur order (Additional Principal Judge, dt. 16.12.2023, Case No. 116 of 2019) upheld: Rs. 5000/- to wife Smt. Kalpana Devi + Rs. 4,000/- to daughter Mahi. Interim maintenance of Rs. 4,000/- and Rs. 3,000/- per month (interim order dt. 3.4.2023) unpaid except Rs. 7,000/-. Pleas of unemployment and heart disease rejected; no interference; revision lacks merit.

What did the court decide?

Having regard to the submissions made on behalf of the parties, the impugned order passed by the learned Additional Principal Judge, Family Court, Fatehpur is in accordance with law. ¶13

Dharmendra Singh @ Balaji Vs State of U.P. and 2… — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:146075

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Court No. - 91

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Case :- CRIMINAL REVISION No. - 1544 of 2024

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Revisionist :- Dharmendra Singh @ Balaji Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Deepak Kumar Singh,Mohit Kumar Tiwari

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Counsel for Opposite Party :- G.A.,Jainendra Kumar Pandey

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Hon'ble Harvir Singh,J.

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Heard learned counsel for the revisionist, learned counsel for the opposite party nos. 2 and 3, learned A.G.A. for the State and perused the record.

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The present criminal revision has been filed against the judgment and order dated 16.12.2023 passed by the learned Additional Principal Judge, Family Court, Fatehpur in Case No. 116 of 2019( Smt. Kalpana Devi and another Vs. Dharmendra Singh @ Balaji) under Section 125 Cr.P.C., police station Khakheru, District Fatehpur, whereby the revisionist has been directed to pay Rs. 5000/- to his wife, Smt. Kalpana Devi and Rs. 4,000/- to his daughter namely, Mahi.

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Learned counsel for the revisionist has submitted that the revisionist is an unemployed youth and is earning his bread and butter by putting his best efforts however, he is unable to maintain his wife and daughter. It has further been submitted that earlier the revisionist was running a Sahaj Jan Seva Kendra, which was discontinued due to strained relation between the revisionist and his wife/ opposite party no. 2. It has further been submitted by the learned counsel for the revisionist that the revisionist is also suffering from heart disease and is not able to carry out any hard work and unable to pay the maintenance amount as awarded by the trial court. The amount awarded by the learned Additional Principal Judge, Family Court, Fatehpur is too excessive to be paid and arbitrary. The order passed by learned Additional Principal Judge, Family Court, Fatehpur is liable to be set aside.

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On the other hand, learned counsel for the opposite party nos. 2 and 3 submits that the opposite party no. 2 is unemployed lady having a minor daughter, aged about 4 years. The responsibility of taking care of her daughter and herself is on her own shoulders.

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The revisionist has not paid even a single penny to her till date. It has further been submitted that an interim order was passed by this Court on 3.4.2023 and interim maintenance of Rs. 4,000/- and Rs.3,000/- per month has been awarded to the wife and her daughter respectively, but the said amount has not been paid till date except only a sum of Rs. 7,000/- which shows that the revisionist is adamant not to pay any maintenance amount, though he is duty bound to take care of wife and his daughter. He has further submitted that the order impugned has been passed by the Additional Principal Judge, Family Court, Fatehpur after taking into consideration, the facts and circumstances of the case, the impugned order passed by the learned Additional Principal Judge, Family Court, Fatehpur is valid and in accordance with law. No interference is called for against the impugned order.

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Learned A.G.A. appearing for the State has also adopted the same arguments as advanced by the learned counsel for the opposite party nos. 2 and 3.

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Having regard to the submissions made on behalf of the parties as stated above, the impugned order passed by the learned Additional Principal Judge, Family Court, Fatehpur is in accordance with law. The revisionist has not shown any bonafide by paying the interim maintenance to the opposite party nos. 2 and 3 therefore, the revisionist is not entitled for any relief.

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The revision lacks merit and is accordingly dismissed.

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Order Date :- 23.8.2025 Gss

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Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad

Dharmendra Singh @ Balaji v. State of U.P. and 2 Others

Case brief

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Dharmendra Singh @ Balaji v. State of U.P. and 2 Others

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