Husband challenged Family Court order granting maintenance to wife and minor children under Section 125 CrPC. Court found amounts reasonable given his Rs.34,000-46,000 monthly salary as a driver, and children's maintenance payable till majority. Revision dismissed.
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Neutral Citation No. - 2025:AHC:131751
Court No. - 84
Case :- CRIMINAL REVISION No. - 3049 of 2024
Revisionist :- Sugriv Opposite Party :- State Of U.P. And 4 Others Counsel for Revisionist :- Azaz Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
party nos.2, 3, 4 and 5 are wife and children of the revisionist. Due to neglect on his part, she started living in her Maika with the children, who were minor at that time. She filed an application under Section 125 Cr.P.C. in the year 2018 when the children were minor. The opposite party no.2 (wife) is unable to maintain herself and minor children as she has no source of income. The revisionist being husband and father of the children is under legal obligation to maintain his wife and the children till they attained the age of majority. As per the statement of revisionist he gets salary Rs.34,000-46,000/- per month by working as Driver in Charbagh Depot, Lucknow. Out of his income Rs.3,500/- in favour of wife cannot be said to be excessive, likewise Rs.3,000/- per month for each child can also not be said to be excessive or more than sufficient. Learned trial court itself has mentioned in the order that amount for children is payable till they attained majority. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 7.3.2024 and it requires no interference by this Court.
6. Accordingly, this criminal revision is, hereby, dismissed.
Order Date :- 5.8.2025 Anil
Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Family Court's order granting maintenance of Rs.3,500 to the wife and Rs.3,000 per child was illegal or excessive.
1 provisions across 1 enactments
State Of U.P.
Kusum Lata
Subhash Chandra Sharma
As recorded by the court registry
3 orders share this CNR
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