Dismissed¶12

Sachin Kumar v. State of U.P. and Another

Allahabad HC7 Aug 2025CRLR/3017/2025

Case brief

AI extract

What is this about?

Allahabad High Court; CRIMINAL REVISION No. 3017 of 2025; Sachin Kumar v. State of U.P. and Anr. (Smt. Vandana); Section 125 CrPC interim maintenance Rs. 5000/- per month upheld; able-bodied husband's legal obligation to maintain wife; paying capacity; Family Court Shahjahanpur order dated 25.03.2025; dismissed at admission stage; decided 8.8.2025; Neutral Citation 2025:AHC:134740.

What did the court decide?

The revisionist, having completed D.Pharma and operating a Pharma Clinic with Dr. Maqsood Khan, did not disclose his income before the trial court, and being an able-bodied person he is under legal obligation to maintain his wife, who has no course of income and is not able to maintain herself. ¶10

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

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Neutral Citation No. - 2025:AHC:134740

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 3017 of 2025

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Revisionist :- Sachin Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Shivam Singh 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 judgment and order dated 25.03.2025 passed by learned Principal Judge, Family Court, Shahjahanpur in Case No. 645 of 2023 (Smt. Vandana Versus Sachin Kumar) under Section 125 Cr.P.C., Police Station Roja, District Shahjahanpur.

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It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is wife of the revisionist, who is living apart from him without any sufficient cause and filed an application under Section 125 Cr. PC. with an application for interim maintenance, which was allowed by the learned trial court vide order dated 25.03.2025, fixing Rs. 5000/- per month as interim maintenance. He further submitted that the revisionist is unemployed and prepars the prescription paper at the Clinic of Dr. Maqsood Khan and gets Rs. 6000/- per month, out of which Rs. 5000/- per month are excessive and beyond the paying capacity of revisionist and request to set aside the order passed by the learned trial court and allow the revision.

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4. 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 25.03.2025, it appears that revisionist has completed D.Pharma and operates the Pharma Clinic with Dr. Maqsood Khan, though he has not disclosed his income before the learned trial court, and he being able bodied person is under legal obligation to maintain his wife, who has no course of income and is not able to maintain herself. The amount fixed by the learned trial court Rs. 5000/- could also not be said to be excessive for his wife. In this way, there appears no any illegality or impropriety in

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the order passed by the learned court dated 25.03.2025, but this criminal revision being devoid of merit is liable to be dismissed.

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6.Accordingly, this criminal revision being devoid of merit is hereby, dismissed at the admission stage itself.

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Order Date :- 8.8.2025 T.S.

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

Sachin Kumar v. State of U.P. and Another

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Sachin Kumar v. State of U.P. and Another

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