Waseem Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:140786

Court No. - 84

Case :- CRIMINAL REVISION No. - 4138 of 2025

Revisionist :- Waseem Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Muhammad Azam 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, learned A.G.A. for the State and perused the record.

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The present criminal revision has been filed with a prayer to allow the revision and set aside the judgment and order dated 23.05.2025 passed by the learned Principal Judge, Family Court, Gautam Buddh Nagar in Criminal Misc. Case No. 42 of 2021 (Farhana and others Vs. Waseem) under Section 125 Cr.P.C., Police Station Jewar, District Gautam Buddh Nagar.

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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 nos. 3 & 4 are minor sons of the revisionist. The marriage was performed in the year 2018 and the opposite party no. 2 started living separate from him without any sufficient cause and filed an application under Section 144 BNSS/125 Cr.P.C. for maintenance with an application for interim maintenance which was decided by the learned trial court vide order dated 23.05.2025 fixing the amount of maintenance Rs. 6000/- per month in favour of wife and Rs. 2000/- per month in favour of opposite party no. 4, son Aahil. Further submitted that the opposite party no. 2 is able to maintain herself by making earning from the business of beauty parlor. The opposite party no. 3 Ammar is living with the revisionist and opposite party no. 4 Aahil was living with the wife/his mother but now he is living with the revisionist also. The learned trial court has fixed the amount of maintenance in favour of opposite party no. 4, son Aahil also. It is also submitted that the revisionist is a junior Advocate and have no sufficient income to make payment of amount of maintenance. The wife is living in the house of her brother-in-law/ sister's husband and has illicit relation with him, hence, she is not entitled for maintenance from husband, even though the learned trial court has allowed the application under Section 144 BNSS/125 Cr.P.C. for maintenance, therefore request

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to set aside the order passed by learned trial court.

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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 due to neglect of the revisionist, the opposite party no. 2 is living separate from him with minor child Aahil and filed an application for maintenance with an application for interim maintenance which has been decided by the learned trial court fixing the amount of interim maintenance as aforesaid in favour of wife and minor child Aahil. There is nothing on record to show that there is illicit relation of wife with her brother-in-law/husband of sister. A copy of ITR relating to the year 2019-20 has also been filed by the revisionist before this Court showing the income of the wife but there is no any current ITR of the income of the wife at present to conclude that she is making such income at present time and is able to maintain herself. In this way, the revisionist being able bodied person and husband of opposite party no. 2 and father of opposite party no. 4 Aahil is under legal obligation to maintain his wife and minor child. The learned trial court has fixed the amount of interim maintenance Rs. 6000/- per month in favour of wife and Rs. 2000/- per month in favour of minor child that cannot be said to be excessive or more than sufficient. In this way, 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 itself.

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Accordingly, this criminal revision is dismissed .

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Order Date :- 19.8.2025 Anurag Singh

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

Waseem v. State of U.P. and 3 Others

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Waseem v. State of U.P. and 3 Others

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