Abhishek Sharma Vs State of Up and Another — Maintenance and Alimony | Allahabad HC (2025)

Abhishek Sharma Vs State of Up and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Criminal revision disposed of finally without interfering with the trial court's order dated 05.12.2023 (maintenance of Rs. 4,000/- per month left intact); arrears of maintenance from the date of application to the date of order directed to be divided into twelve equal installments, paid month to month along with the current maintenance.

Issue for consideration

Whether the order dated 05.12.2023 of the learned trial court (Additional Principal Judge, Family Court, Court No. 2, Muzaffar Nagar) granting maintenance of Rs. 4,000/- per month to the wife under Section 125 Cr.P.C. contains any illegality or impropriety warranting interference by this Court. +1 more

Court's answer

For recovery of the arrears of maintenance (from the date of application to the date of order), it is just and proper to divide the arrears into twelve equal installments, payable month to month along with the current amount of maintenance.

Ratio / Principle

Opposite party no. 2 is the wedded wife of the revisionist, living separate from him due to neglect; the revisionist is an able-bodied person under a legal obligation to maintain his wife even though she lives separately with sufficient cause.

Key takeaways

The wife (opposite party no. 2) has no income and is unable to maintain herself; hence the trial court allowed the Section 125 Cr.P.C. application, fixing Rs. 4,000/- per month in her favour, which cannot be said to be excessive or more than sufficient.ratio¶11
There is no illegality or impropriety in the trial court's order dated 05.12.2023 and it does not warrant any interference by this Court.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Subhash Chandra Sharma, J.), Criminal Revision No. 210 of 2024 (Abhishek Sharma v. State of U.P. and Another), decided 15.7.2025 (Neutral Citation 2025:AHC:113986): Disposes of the revisionist's challenge to the order dated 05.12.2023 of the Additional Principal Judge, Family Court, Court No. 2, Muzaffar Nagar (Case No. 387 of 2021) granting the wife maintenance of Rs. 4,000/- per month under Section 125 Cr.P.C. Holds that opposite party no. 2 is the wedded wife living separate due to neglect, that the able-bodied revisionist is under legal obligation to maintain her notwithstanding the separation with sufficient cause, and that being without income she is unable to maintain herself; the fixed amount cannot be said to be excessive or more than sufficient. Finds no illegality or impropriety in the trial court's order warranting interference. Directs that arrears of maintenance from the date of application to the date of order be divided into twelve equal installments payable month to month along with the current maintenance.

Neutral Citation No. - 2025:AHC:113986

Court No. - 84

Case :- CRIMINAL REVISION No. - 210 of 2024

Revisionist :- Abhishek Sharma Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Saurabh Kumar 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. and perused the material on record.

This criminal revision has been filed with a prayer to allow the revision and set aside the order dated 05.12.2023 passed by learned Additional Principal Judge, Family Court, Court No. 2, Muzaffar Nagar in Case No. 387 of 2021 upon the application under Section 125 Cr.P.C.and further prays to stay the effect and operation of the aforesaid order.

It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife of the revisionist who was married in the year 2020. From the very outset she started harassing the revisionist and members of his family and left her matrimonial house and now she is living in her maika. The opposite party no. 2 filed an application under Section 125 Cr.P.C. against the revisionist with false allegations and this application was allowed by the learned trial court fixing the amount of maintenance Rs. 4,000/- per month. He also submits that at the time of marriage the revisionist was working in Jana Small Finance Bank, Roorke and getting salary Rs. 9,375/- per month now he is unemployed and is not in a position to continue his job due to distress. The amount fixed by the learned trial court Rs. 4,000/- per month is excessive and beyond his paying capacity, therefore, request either to set aside the order passed by the learned trial court or to reduce the amount of maintenance and also submits to divide the amount of arrears of maintenance from the date of application to the date of order in installments for easy payment.

Learned A.G.A. opposed the prayer as aforesaid.

On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 05.12.2023, it appears that the opposite party no. 2 is

wedded wife of the revisionist who is living separate from him due to neglect. He is able bodied person and is under legal obligation to maintain his wife though living separate with sufficient cause. The opposite party no.2/ the wife has no any income and she is unable to maintain herself, therefore, the learned trial court has allowed the application under Section 125 Cr.P.C. while granting maintenance and fixing the amount Rs. 4,000/- per month in her favour which cannot be said to excessive or more than sufficient. Thus, there appears no any illegality or impropriety in the order passed by the learned trial court dated 05.12.2023 and does not warrant any interference by this Court.

So far as the recovery of arrears of the amount of maintenance is concerned that is from the date of application to the date of order, it will be just and proper to divide the amount of arrears of maintenance into twelve equal installments those are to be paid month to month with the current amount of maintenance.

Accordingly, this criminal revision is disposed of finally.

Order Date :- 15.7.2025 Suraj Srivastav

Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad