Disposed¶13

Gagan Yadav v. State of U.P. and Another

Allahabad HC11 Aug 2025CRLR/2242/2025

Case brief

AI extract

What is this about?

Neutral Citation 2025:AHC:136300; Allahabad High Court (Court No. 84); CRIMINAL REVISION No. 2242 of 2025; Gagan Yadav v. State of U.P. and Another; Subhash Chandra Sharma, J.; decided 12.8.2025. Keywords: Section 125 Cr.P.C. maintenance; reduction of maintenance sought; Rs.6000 per month upheld; wife living apart with sufficient reason; neglect and assault; B.B.A. degree holder; capacity to earn; arrears in 12 equal monthly installments; disposed of at admission stage; Family Court Firozabad; Criminal Misc. Case No.1228 of 2021 (Smt. Snehlata vs. Gagan Yadav).

What did the court decide?

Criminal revision disposed of at the admission stage itself; no interference with the trial court's maintenance order; arrears of maintenance directed to be paid in 12 equal monthly installments along with the current maintenance. ¶13

Gagan Yadav Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the maintenance of Rs.6000/- per month fixed by the learned trial court u/s 125 Cr.P.C. is excessive and liable to be reduced or set aside.

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Court's answer

The wife/opposite party no.2 is living apart from the revisionist with sufficient reason (neglect, assault, and his relations with another lady), has no source of income, is unable to maintain herself, and is entitled to maintenance from the revisionist.

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Ratio / Principle

The maintenance of Rs.6000/- per month fixed by the learned trial court is not excessive, in view of the revisionist's technical education (B.B.A.) and his capacity to earn.

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Key takeaways

There is no illegality or impropriety in the order passed by the learned trial court; it does not warrant any interference by this Court.ratio¶11
Arrears of maintenance shall be paid in 12 equal installments, payable month to month, along with the current amount of maintenance.ratio¶12

Detailed headnote1 paragraphs

Maintenance u/s 125 Cr.P.C. — Criminal revision against Family Court, Firozabad order fixing Rs.6000/- per month maintenance to wife — Revisionist pleaded unemployment, depression and incapacity to earn and sought reduction — Held: wife living apart with sufficient reason due to husband's neglect, assault and relations with another lady (photographs admitted by revisionist as those of his 'college friend'); wife has no source of income and is entitled to maintenance; revisionist is a B.B.A. degree holder working a private job though income undisclosed; amount of Rs.6000/- per month not excessive in view of his technical education and capacity to earn; no illegality or impropriety in trial court order, no interference warranted; arrears of maintenance to be paid in 12 equal monthly installments with current maintenance; revision disposed of at admission stage (Subhash Chandra Sharma, J.).

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Neutral Citation No. - 2025:AHC:136300

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 2242 of 2025

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Revisionist :- Gagan Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashish Kumar Mishra 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 material on record.

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This criminal revision has been filed with prayer to set aside the impugned order dated 10.03.2025 passed by the Additional Principal Judge, Family Court, Court No.1, Firozabad in Criminal Misc. Case No.1228 of 2021 (Smt. Snehlata vs. Gagan Yadav) u/s 125 Cr.P.C., Police Station Nasirpur, District Firozabad.

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It is submitted by learned counsel for the revisionist that in this case the opposite party no.2/wife who is living apart from him without any sufficient reason and filed an application u/s 125 Cr.P.C. for maintenance which was decided by learned trial court order dated 10.03.2025 fixing the amount of maintenance Rs.6000/- per month from the date of application. He further submits that the revisionist is an unemployed person and now he is under depression and has no capacity to earn and the amount so fixed by the learned trial court being excessive is liable to be reduced, therefore, request to set aside the order passed by the learned trial court dated 10.03.2025 and reduce the amount.

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Learned A.G.A. opposed the prayer as aforesaid and contended that the opposite party no.2/the wife is living apart from him due to his neglect and misbehaviour. He further contends that the wife has clearly stated that she was beaten by the revisionist and also some photographs were filed by her in which the revisionist was seen with some other lady whom he stated that she was his college friend. In this way, the wife/opposite party no.2 is living separate from him with sufficient cause and he is B.B.A. degree holder and works private job though he has not disclosed his income but the amount so fixed by the learned trial court cannot be said to be excessive.

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Considering the facts and circumstances of the case,

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submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order passed by the learned trial court, it appears that the opposite party no.2 is wedded wife of the revisionist who is living apart from him due to neglect on his part. She has also filed some photographs of the revisionist with some other lady which was admitted by the revisionist as photographs of his college friend. She also stated about the assault made by the revisionist causing injuries to her that was the reason she is living apart from him. She also stated that she is ready to live with the husband if he discontinue his illicit relations with other lady. He has told himself to be B.B.A. degree holder and working private job though has not disclosed his income. This shows that the wife/opposite party no.2 is living apart from him with sufficient reason and she having no source of any income is unable to maintain herself, so entitled for maintenance from husband the revisionist. The amount so fixed by the learned trial court Rs.6000/- per month in favour of wife for maintenance cannot be said to be excessive or more than sufficient, in view of the technical education of the revisionist and his capacity to earn. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court, therefore, it does not warrant any interference by this Court.

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So far as the amount of arrears of maintenance is concerned, it shall be paid in 12 equal installments to be payable month to month with the 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 :- 12.8.2025 Ashok Gupta

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

Gagan Yadav v. State of U.P. and Another

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Gagan Yadav v. State of U.P. and Another

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