Dismissed¶20

Smt Shivani Sharma and Another v. State of U.P. and Another

Allahabad HC15 Sept 2025CRLR/2340/2024

Case brief

AI extract

What is this about?

Section 125 Cr.P.C.; interim maintenance; quantum enhancement; Family Court No.3 Ghaziabad; Criminal Revision CRLR 2340 of 2024; no interference at interim stage; expeditious disposal within three months; Madan Pal Singh, J.; Allahabad High Court; dismissed; September 16, 2025

What did the court decide?

None on merits; revision dismissed without interference in the interim maintenance. Trial court directed to decide the pending Section 125 Cr.P.C. application expeditiously, preferably within three months. ¶20

Smt Shivani Sharma and Another Vs State of U.P… — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the interim maintenance awarded by the trial court (Rs. 8,000/- per month to revisionist no.1 and Rs. 4,000/- to revisionist no.2), which the revisionists contend was fixed without considering the income of opposite party no.2, warrants interference by this Court.

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Court's answer

Prima facie, the interim maintenance awarded by the trial court (Rs. 8,000/- to revisionist no.1 and Rs. 4,000/- to revisionist no.2) seems just and proper and does not require any interference by this Court.

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Ratio / Principle

The application under Section 125 Cr.P.C. is pending final adjudication before the trial court; the same shall be decided after oral and documentary evidence is led, giving parties ample opportunity to adduce evidence, thereafter the final amount of maintenance shall be determined.

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Key takeaways

The trial court is directed to conclude and decide the pending application under Section 125 Cr.P.C. in accordance with law, as expeditiously as possible, preferably within three months.ratio¶21

Detailed headnote1 paragraphs

Criminal Revision (CRLR No. 2340 of 2024, Allahabad High Court, Madan Pal Singh, J., decided September 16, 2025) dismissed. Challenge to quantum of interim maintenance awarded by order dated 05.02.2024 of the Additional Principal Judge, Family Court No.3, Ghaziabad in Case No. 227/2022 (Shivani Vs. Ankit) under Section 125 Cr.P.C.: Rs. 8,000/- per month to revisionist no.1 (wife) and Rs. 4,000/- per month to revisionist no.2 (minor daughter). Revisionists contended the trial court fixed interim maintenance without considering the income of opposite party no.2 and sought enhancement. Held: the interim amounts prima facie seem just and proper and require no interference; the main application being pending final adjudication, parties will have opportunity to lead oral and documentary evidence whereafter final maintenance shall be determined; trial court directed to conclude and decide the Section 125 Cr.P.C. application preferably within three months.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 2340 of 2024

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Smt Shivani Sharma And Another

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.....Revisionist(s)

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Versus

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State of U.P. and Another

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	.....Opposite Party(s)
Counsel for Revisionist(s)	: Pankaj Agarwal
Counsel for Opposite Party(s)	: G.A.
Court No.- 91

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HON'BLE MADAN PAL SINGH, J.

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List has been revised.

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None present for the opposite party no.2.

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Heard Shri Pankaj Agarwal, learned counsel for the revisionists, learned AGA for the State-opposite party no.1 and perused the record.

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This criminal revision has been filed by the revisionists with prayer to set aside the impugned judgment and order dated 05.02.2024 passed by the Additional Principal Judge, Family Court No.3, Ghaziabad in Case No. 227/2022 (Shivani Vs. Ankit), under Section 125 Cr.P.C., Police Station Kavi Nagar, District Ghaziabad, whereby the opposite party no.2 has directed to pay Rs.8,000/- per month to the revisionist no.1-Smt. Shivani Sharma and Rs.4,000/- to the revisionist no.2-Km. Shivansi Sharma, minor daughter of the revisionist no.1, as interim maintenance.

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It is submitted by learned counsel for the revisionists that the trial court without considering the income of the opposite party no.2 has awarded interim maintenance of Rs.8,000/- to the revisionist no.1-Smt. Shivani Sharma and Rs.4,000/- to the revisionist no.2-Km. Shivansi Sharma, minor daughter of the revisionist no.1 as interim maintenance, which is deserved to be set aside and allow the interim maintenance application in toto.

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Learned AGA has opposed the submissions made by learned counsel for the revisionists and submits that the trial court while awarding the interim maintenance, has duly taken into consideration the written submissions of the revisionists and on the basis of the same, interim maintenance of

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CRLR No. 2340 of 2024

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Rs.8,000/- to the revisionist no.1-Smt. Shivani Sharma and Rs.4,000/- to the revisionist no.2-Km. Shivansi Sharma, minor daughter of the revisionist no.1, has rightly been awarded in their favour.

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Since the application filed by the revisionist no.1 under Section 125 Cr.P.C. is pending consideration before the trial court for final adjudication, the same shall be decided after oral as well as documentary evidence have to be led, in such circumstances, the parties will have ample opportunity to adduce their respective evidence before the trial court, thereafter, the final amount of maintenance shall be determined.

¶19

In the considered opinion of this Court, prima facie, it appears that the interim maintenance awarded by the trial court of Rs.8,000/- to the revisionist no.1-Smt. Shivani Sharma and Rs.4,000/- to the revisionist no.2Km. Shivansi Sharma, minor daughter of the revisionist no.1, seems to be just and proper and thus, does not require any interference by this Court.

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Accordingly, the instant criminal revision is dismissed .

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However, considering the facts and circumstances of the case, and upon prayer made by the learned counsel for the parties, the trial court shall conclude and decide the application filed under Section 125 Cr.P.C. in accordance with law, as expeditiously as possible, preferable within a period of three months from today.

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September 16, 2025 Prajapati RK

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(Madan Pal Singh,J.)

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

Smt Shivani Sharma and Another v. State of U.P. and Another

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Smt Shivani Sharma and Another v. State of U.P. and Another

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