Hemant Paul vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2025)

Hemant Paul vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: condition no.3 of the impugned order dated 15.02.2023 (monthly maintenance of Rs.4000/- to opposite party no.2 and Rs.1500/- to opposite party no.3) stayed during the pendency of the revision, with the remaining conditions left intact; notice to issue to opposite party nos. 2 and 3 returnable at an early date with steps to be taken within one week; matter to be listed fresh on 08.10.2025. The revision itself remains pending and undecided.

Issue for consideration

Whether the maintenance direction in the impugned order dated 15.02.2023 (Rs.4000/- per month to opposite party no.2 and Rs.1500/- per month to opposite party no.3) under Section 12 of the Domestic Violence Act, 2005 is excessive, considering the revisionist's income of Rs.11743/- per month assessed under the Minimum Wages Act, 1948 and the Rs.5500/- per month already being paid under Section 125 Cr.P.C.

Court's answer

Since opposite party nos. 2 and 3 are already getting maintenance of Rs.5,500/- in the proceedings under Section 125 Cr.P.C., the impugned order dated 15.02.2023 qua condition no.3 (maintenance of Rs.4000/- per month to opposite party no.2 and Rs.1500/- per month to opposite party no.3) shall remain stayed during the pendency of the instant revision; the rest of the conditions imposed in the impugned order shall remain intact.

Detailed headnote1 paragraphs

Criminal revision (Allahabad High Court, Court No. 91; Madan Pal Singh, J.) — interim order dated August 27, 2025 in CRIMINAL REVISION No. - 1744 of 2024, Hemant Paul Vs. State Of U.P. And 2 Others. The revisionist challenges (i) the judgment and order dated 15.02.2023 of the Judge, Gram Nyayalaya, Chauri Chaura, District Gorakhpur in Case No. 4146 of 2016 under Section 12 of the Domestic Violence Act, 2005 directing him to pay monthly maintenance of Rs.4000/- and Rs.1500/- from the date of the application, and (ii) the judgment and order dated 03.01.2024 of the Additional District & Sessions Judge, Court No.8/Special Judge (N.D.P.S. Act), Gorakhpur in Criminal Appeal No. 39 of 2023 rejecting his appeal, along with the recovery warrant dated 29.02.2024 issued against him. Observing that opposite party nos. 2 and 3 are already getting maintenance of Rs.5,500/- in proceedings under Section 125 Cr.P.C., the Court stayed, during the pendency of the revision, condition no.3 of the impugned order (the Rs.4000/- and Rs.1500/- per month maintenance directions), leaving the rest of the impugned order intact; notice was ordered to opposite party nos. 2 and 3, returnable at an early date, and the matter was listed fresh for 08.10.2025. Counsel for the revisionist had urged that the award was excessive given his income of Rs.11743/- per month under the Minimum Wages Act, 1948 and the maintenance already being paid under Section 125 Cr.P.C.; the learned AGA defended the trial court's order. No precedent was considered; the merits remain open.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL REVISION No. - 1744 of 2024

Hemant Paul

.....Revisionist(s)

Versus
State Of U.P. And 2 Others .....Opposite Party(s)
Counsel for Revisionist(s) : Ajatshatru Pandey
Counsel for Opposite Party(s) : G.A.
Court No.- 91

HON'BLE MADAN PAL SINGH, J.

Heard Shri Ajatshatru Pandey, learned counsel for the revisionist, learned AGA for the State-opposite party no.1 and perused the record.

The instant criminal revision directed against the judgment and order dated 15.02.2023 passed by Judge, Gram Nyayalaya, Chauri Chaura, District Gorakhpur, passed in Case No. 4146 of 2016 (Smt. Manisha Pal and another Vs. Hemant Pal and others), under Section 12 of the Domestic Violence Act, 2005, whereby the revisionist was directed to pay Rs.4000/- per month to the opposite party no.1 and Rs.1500/- per month to the opposite party no.3 as maintenance from the date of the application as well as judgment and order dated 03.01.2024 passed by Court of Additional District & Sessions Judge, Court No.8/Special Judge (N.D.P.S. Act), Gorakhpur in Criminal Appeal No. 39 of 2023 (Hemant Paul Vs. State of U.P. and others), whereby the appeal of the revisionist has been rejected and recovery warrant dated 29.02.2024 has also been issued against the revisionist.

Learned counsel for the revisionist submits that the revisionist is labourer and earns his livelihood, therefore, the judgment of the trial court directing to revisionist to Rs.5500/- per month to the opposite party nos.2 and 3 in the proceedings under Section 12 of the Domestic Violence Act, 2005, is too excessive. The trial court has considered the income of the revisionist as Rs.11743/- per month

CRLR No. 1744 of 2024

2

under the Minimum Wages Act, 1948 but while passing the order dated 15.02.2023 this fact has been overlooked and directed the revisionist to Rs.4000/- per month to the opposite party no.2 and Rs.1500/- per month to the opposite party no.3 as maintenance from the date of the application. Learned counsel for the revisionist further submits that the opposite party nos. 2 and 3 already getting maintenance of Rs.5500/- per month from the revisionist in the proceedings under Section 125 Cr.P.C., therefore, the judgment and order dated 15.02.2023 passed by the trial court deserves to be set aside and quashed. Learned counsel further submits that the revisionist is regularly paying maintenance to the opposite party nos. 2 and 3 in the proceedings of Section 125 Cr.P.C.

Learned AGA opposed the contentions raised on behalf of the revisionist and submits that the judgment and order dated 15.02.2023 passed by the trial court is perfectly justified and does not warrant any interference by this Hon'ble Court.

Since the opposite party nos. 2 and 3 are already getting maintenance of Rs.5,500/- in the proceedings under Section 125 Cr.P.C., therefore, the impugned order dated 15.02.2023 qua the condition no.3 of the order impugned by which the revisionist was directed to pay maintenance of Rs.4000/- per month to opposite party no.2 and Rs.1500/-per month to the opposite party no.3, shall remain stayed during the pendency of the instant revision. Rest of the conditions imposed in the order impugned shall remain intact.

Issue notice to opposite party nos. 2 and 3 returnable at an early date. Steps be taken within one week.

List on 08.10.2025 as fresh.

August 27, 2025 Prajapati RK

(Madan Pal Singh,J.)

Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad