Manesh Singh Vs State of U.P. and 2 Others

Neutral Citation No. - 2025:AHC:115632

Court No. - 84

Case :- CRIMINAL REVISION No. - 2858 of 2025

Revisionist :- Manesh Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Ram Suphal Shukla,Shivendra Shukla 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 material on record.

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This criminal revision has been filed with a prayer to allow the revision and set aside the impugned order dated 26.03.2025 passed by learned court of Additional Principal Judge, Family Court, Fatehpur in Case No. 854 of 2022 (Smt. Sharmila Devi and another Vs. Manesh Singh) under Section 125 Cr.P.C., Police Station Husainganj, District Fatehpur.

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It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife and opposite party no. 3 is minor daughter. He further submits that the opposite party no. 2, the wife is living separate from him without any sufficient cause with the minor daughter and filed an application under Section 125 Cr.P.C. for maintenance which was allowed by the learned trial court by order dated 26.03.2025 fixing the amount of maintenance Rs. 3,000/- per month in favour of wife, Rs. 1,500/- per month in favour of minor daughter, total Rs. 4,500/- per month. He further submits that the amount so fixed by the learned trial court is excessive and beyond paying capacity of the revisionist who is unemployed and have no any regular source of income, 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.

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

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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 26.03.2025, it appears that admittedly opposite party no. 2 lived

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with the revisionist as wife and from their wedlock there is minor child. Due to his neglects opposite party no. 2 is living apart from him with the minor daughter and she has no any income. On the other hand, the revisionist being husband is able bodied person and under obligation to maintain his wife and minor child who are unable to maintain themselves. The amount fixed by the learned trial court Rs. 3,000/- per month in favour of wife and Rs. 1,500/per month in favour of minor daughter cannot be said to be excessive. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 26.03.2025 and does not warrant any interference by this Court.

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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 eighteen equal installments those are to be paid month to month with the current amount of maintenance.

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Accordingly, this criminal revision is disposed of finally.

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Order Date :- 17.7.2025 Suraj Srivastav

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

Manesh Singh v. State of U.P. and 2 Others

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