Digambar Singh vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:136165

Court No. - 84

Case :- CRIMINAL REVISION No. - 3257 of 2025

Revisionist :- Digambar Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Shailesh Kumar Mishra,Umang Srivastava,Vinod Kumar 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 perusal the material on record.

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This criminal revision has been filed by the revisionist with prayer to allow this revision and set aside the impugned judgment and order dated 20.05.2025 passed by the learned Principal Judge, Family Court, Hathras in Case No. 254 of 2022 (Smt. Manu @ Sweta and others Vs. Digambar Singh), under Section 125 Cr.P.C., Police Station Hathras Gate, District Hathras.

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It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife and opposite party no. 3 & 4 are twins and they are minor. She is living with some other person and filed an application for maintenance under Section 125 Cr.P.C. against the revisionist. There is no any harassment or neglect on the part of the revisionist with the opposite party no. 2 even though she is living apart from him willingly without any sufficient cause. The learned trial court has not considered all these facts but allowed the application under Section 125 Cr.P.C. and fixed the amount of maintenance Rs. 6000/- per month for each (wife and twins, minor children). The order passed by learned trial court cannot be said lawful and appropriate, therefore, request to set aside the order and to reduce the amount and also it be fixed from the date of order on the place of date of application.

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

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On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. perusal of record and order passed by learned trial court, it appears that the opposite party no. 2 is wife and living separate from the revisionist with twins opposite party nos. 3 & 4

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those are minor. The allegation made by the wife shows the neglect on the part of the revisionist. There is no any material on record to show that she is living with some other person or she is earning money to maintain herself and the minor children. After mediation between the parties, she went to live with him but he refused to keep her and the children that was the reason she again started living separate from him. The revisionist works as teacher in Government Polytechnic College, Nidhauli Kalan, district Etah and gets salary Rs. 52,000/- per month as he admitted during his cross-examination. Out of the income of the revisionist, the learned trial court has fixed the amount Rs. 6000/- per month in favour of wife and Rs. 6000/- per month for each child, this cannot be said to be excessive or more than sufficient in favour of wife and minor children. As per observation made by Hon'ble Apex Court in the case of Rajnesh Vs. Neha and another (2021) 2 Supreme Court Cases 324 , the amount of maintenance is to be fixed from the date of application not from the date of order. Thus, there appears no any illegality or impropriety in the order passed by learned trial court, therefore, it does not warrant interference by this Court but this revision being devoid of merit is liable to be dismissed at the admission stage.

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Accordingly, this criminal revision is dismissed .

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Order Date :- 12.8.2025 Anurag Singh

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

Digambar Singh v. State of U.P. and 3 Others

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Digambar Singh v. State of U.P. and 3 Others

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