Satendra Alias Seetu Vs State of U.P. and 4 Others

Neutral Citation No. - 2025:AHC:115815

Court No. - 84

Case :- CRIMINAL REVISION No. - 3453 of 2025

Revisionist :- Satendra Alias Seetu Opposite Party :- State Of U.P. And 4 Others Counsel for Revisionist :- Sushil Kumar Tewari 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 30.05.2025 passed by learned Principal Judge, Family Court, Sambhal at Chandausi in Case No. 425 of 2023 (Smt. Neha and others Vs. Satendra alias Seetu), under Section 125 Cr.P.C. and further prays to stay the effect and operation of the aforesaid order during the pendency of this revision.

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It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife and 3, 4, 5 are minor children. It is further submitted that the wife is living separate from him without any reasonable cause with minor children and claimed maintenance by filing an application under Section 125 Cr.P.C. which was allowed by the learned trial court by order dated 30.05.2025 fixing the amount of maintenance Rs. 4,000/- per month in favour of wife and Rs. 1,000/- per month in favour of each minor children, total Rs. 7,000/- per month. He further submits that the amount as fixed by the learned trial court is beyond his paying capacity since he works as labourer and has no any regular income. It is also submitted that once there was mediation between the parties and wife came with the revisionist to live but when he took her to the hospital on motorcycle she went to her maika from there without any reason. In this way, she cannot be said to be entitled for maintenance from the husband but the learned trial court did not consider this fact and allowed the application by fixing the amount of maintenance as aforesaid, therefore, request to set aside the order passed by the learned trial court and reduce the amount of maintenance.

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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 30.05.2025, it appears that admittedly the opposite party no. 2 is wife and 3, 4 and 5 are minor children born with the wedlock of the revisionist. As per allegation of wife she was misbehaved by the revisionist and other members of his family and was also expelled from the house when she was pregnant and since then no any amount was given for maintenance to her and other children. It shows that she is living due to neglect on the part of the revisionist himself. The learned trial court has fixed the amount of maintenance Rs. 4,000/- per month in favour of wife and Rs. 1,000/- per month in favour of each child that cannot be said more than sufficient. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 30.05.2025 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 twelve 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

Satendra Alias Seetu v. State of U.P. and 4 Others

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