Suryabhan Alias Krishna Chandra Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:132230

Court No. - 84

Case :- CRIMINAL REVISION No. - 2267 of 2025

Revisionist :- Suryabhan Alias Krishna Chandra Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Rakesh Kumar Pandey,Sunil Kumar Srivastava

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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. and perused the record.

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This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 11.3.2025 passed by the learned Principal Judge, Family Court, Fatehpur in Case No. 364 of 2022 (Smt. Guddi and others Vs. Suryabhan @ Krishna Chandra), under Section 125 Cr.P.C., Police Station Kalyanpur, District Fatehpur.

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It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife and opposite party nos. 3 & 4 are minor children of the revisionist. Admittedly the opposite party nos. 3 and 4 are minor children from the wedlock. The opposite party no. 2 without any sufficient cause left her matrimonial house from the year 2017 though marriage was performed prior to 10 years. The revisionist never subjected her to harassment or torture and no any demand of dowry was made, even though she is not willing to live with him and filed an application under Section 125 Cr.P.C. which was decided by the learned trial court vide order dated 11.3.2025 fixing the amount of maintenance Rs. 4000/- per month in favour of wife and Rs. 2000/- per month for each child from the date of order and Rs. 2500/- per month in favour of wife and Rs. 1000/- per month for each child from the date of application to the date of order. There is no any source of income but he works as labourer and amount so fixed by the learned trial court is excessive and beyond his paying capacity. The amount of maintenance be directed to be paid from the date of order not from the date of application. The revisionist has no capacity to make payment of arrears of amount of maintenance, therefore, request to set aside the order dated 11.3.2025 and allow the revision and also to divide the amount of arrears of maintenance in equal

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installments for making payment easy.

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

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On 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 order passed by learned trial court dated 11.03.2025, it appears that the marriage of the revisionist and opposite party no. 2 was performed 10 years prior to filing of application under Section 125 Cr.P.C. The opposite party nos. 3 and 4, minor children were born from the wedlock. She was subjected to harassment and neglected by the revisionist that was the reason she started living separate from him in her maika, thereafter in panchayat, matter was settled between the parties and she went to live with the revisionist but again she was misbehaved and since then she is living in her maika with minor children and no any amount is being given by the revisionist for her maintenance, it also shows his neglect towards the wife and children. The revisionist has not disclosed his income and learned trial court has assumed his notional income to be Rs. 12,000/- per month and fixed the amount of maintenance in favour of wife and minor children as aforesaid. The amount so fixed by the learned trial court cannot be said to be excessive or more than sufficient. The revisionist being husband and father of two minor children and able bodied person is under legal obligation to maintain his wife and children, if she is living apart from him due to his neglect. In this way, there appears no any illegality or impropriety in the order passed by learned trial court and it does not warrant interference by this Court.

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So far as the amount of arrears of maintenance from the date of application to the date of order is concerned, it may be divided into equal 15 monthly installments, those will be paid with current amount of maintenance month to month.

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Accordingly, the present revision is disposed of at the admission stage.

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Order Date :- 6.8.2025 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Suryabhan Alias Krishna Chandra v. State of U.P. and 3 Others

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Suryabhan Alias Krishna Chandra v. State of U.P. and 3 Others

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