Rajesh Sharma vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2025)

Rajesh Sharma vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Revision allowed in part: maintenance reduced from Rs.5,000/- per month to Rs.3,000/- per month (Rs.2,000/- per month to opposite party no.2 and Rs.1,000/- per month to opposite party no.3) from the date of the application; notice issued to opposite party nos. 2 and 3; effect and operation of the impugned order kept in abeyance till the next date of listing (13.10.2025).

Issue for consideration

Whether the maintenance of Rs.5,000/- per month awarded by the Family Court is excessive in view of the revisionist's income as assessed by the trial court (Rs.48,000/- per annum, approximately Rs.4,000/- per month).

Court's answer

Keeping in view the income of the revisionist as assessed by the trial court, the maintenance awarded by the trial court is reduced from Rs.5,000/- per month to Rs.3,000/- per month.

Ratio / Principle

Out of the reduced maintenance, Rs.2,000/- per month is payable to opposite party no.2 and Rs.1,000/- per month to opposite party no.3, from the date of the application.

Key takeaways

As an interim measure, till the next date of listing, the effect and operation of the impugned order shall remain in abeyance; notice to opposite party nos. 2 and 3 returnable at an early date, matter listed fresh on 13.10.2025.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Madan Pal Singh, J.) in Criminal Revision No. 2562 of 2024 (Rajesh Sharma v. State of U.P. and 2 Others), decided August 28, 2025: revision against the judgment and order dated 29.03.2024 of the Additional Principal Judge, Family Court, Budaun, in Criminal Misc. Case No. 1511 of 2018 under Section 125 Cr.P.C., whereby maintenance of Rs.3,000/- per month to opposite party no.2 and Rs.2,000/- per month to opposite party no.3 (total Rs.5,000/- per month) was awarded. The revisionist claimed to be a Manrega Mazdoor with no regular source of income, and the trial court had assessed his income at Rs.48,000/- per annum (about Rs.4,000/- per month). Holding the awarded maintenance excessive relative to the assessed income, the High Court reduced maintenance to Rs.3,000/- per month (Rs.2,000/- to opposite party no.2 and Rs.1,000/- to opposite party no.3) from the date of the application, issued notice to opposite party nos. 2 and 3, and kept the effect and operation of the impugned order in abeyance till the next date of listing (13.10.2025).

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL REVISION No. - 2562 of 2024

Rajesh Sharma

.....Revisionist(s)

Versus

State Of U.P. And 2 Others

.....Opposite Party(s)

Counsel for Revisionist(s)	: Anil Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 91

HON'BLE MADAN PAL SINGH, J.

Heard Shri Anil Kumar, learned counsel for the revisionist, learned A.G.A. for the State-opposite party no.1 and perused the record.

The instant criminal revision is directed against the judgment and order dated 29.03.2024 passed by Additional Principal Judge, Family Court, Budaun, in Criminal Misc. Case No. 1511 of 2018 (Smt. Poonam and another Vs. Rajesh Kumar Sharma) under Section 125 Cr.P.C., Police Station Jarifnagar, District Budaun.

Learned counsel for the revisionist submits that the revisionist is doing labouring as Manrega Mazdoor. He has no regular source of income. This fact was not considered by the trial court while awarding Rs.3,000/- per month to the opposite party no.2 and Rs.2,000/- per month to the opposite party no.3, as maintenance, total Rs.5,000/- per month, which is too excessive. Learned counsel for the revisionist further submits that the trial court in its judgment has assessed the income of the revisionist Rs.48,000/per annum and according to this, the monthly income of the revisionist comes to Rs.4,000/- but the trial court has awarded Rs.5,000/- per month, which is unjust and improper.

Keeping in view the income of the revisionist as has been assessed by the trial court, the maintenance of Rs.5,000/- awarded by the trial court is reduced from Rs.5,000/- per month to Rs.3,000/- per month. out of which, Rs.2,000/- per month to the opposite party no.2 and Rs.1,000/- per month to the opposite party no.3, from the date of the application.

CRLR No. 2562 of 2024

2

Issue notice to the opposite party no.2 and 3 returnable at an early date. Steps be taken within one week.

List on 13.10.2025 as fresh.

Till the next date of listing, the effect and operation of the impugned order shall be kept in abeyance.

August 28, 2025 Prajapati RK

(Madan Pal Singh,J.)

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