Pramesh Nandan vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2025)

Pramesh Nandan vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the maintenance fixed by the Family Court for the minor child (Rs. 5,000/- per month from the date of application and Rs. 7,000/- per month from the date of order) is excessive and beyond the revisionist's paying capacity, warranting reduction to Rs. 5,000/- per month.

Court's answer

The maintenance amount fixed for the minor child (Rs. 5,000/- per month from the date of application and Rs. 7,000/- per month from the date of order) cannot be said to be more than sufficient or excessive, keeping in view the expenses on the child's maintenance and education; the court noted the revisionist is a D-Pharma diploma holder operating a medical shop with sufficient income to maintain his minor child.

Ratio / Principle

There is no illegality or impropriety in the order dated 07.06.2024 passed by the learned court fixing maintenance in favour of the child; it requires no interference by this Court, and the criminal revision being devoid of merit is liable to be dismissed.

Detailed headnote1 paragraphs

Maintenance under S.125 Cr.P.C. - reduction of award to minor child - Criminal Revision No. 4762 of 2024 (Allahabad High Court, Subhash Chandra Sharma, J.; neutral citation 2025:AHC:118265; order dated 21.7.2025). Revisionist-father (Pramesh Nandan) challenged the order dated 07.06.2024 of the Additional Principal Judge, Family Court, Court No.1, Agra, in Criminal Misc. Case No. 415 of 2021 (Smt. Pratima Kumari and another Vs. Ramesh Nandan), whereby his wife's maintenance claim was rejected but maintenance for the minor son was fixed at Rs. 5,000/- per month from the date of application and Rs. 7,000/- per month from the date of order. The revisionist, a D-Pharma diploma holder operating a medical shop, pleaded the amount was excessive and beyond his paying capacity and sought reduction to Rs. 5,000/- per month. Held: the amounts cannot be said to be more than sufficient or excessive keeping in view the child's maintenance and education expenses; there is no illegality or impropriety in the impugned order requiring interference; the revision being devoid of merit was dismissed.

Neutral Citation No. - 2025:AHC:118265

Court No. - 84

Case :- CRIMINAL REVISION No. - 4762 of 2024

Revisionist :- Pramesh Nandan Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Mohd. Israr,Parvez Alam Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Notice has already been served on the opposite party no. 2 but none appeared.

Heard learned counsel for the revisionist as well as learned A.G.A. and perused the material on record.

This criminal revision has been filed with a prayer to allow the revision and set aside the order dated 07.06.2024 passed by learned Additional Principal Judge, Family Court, Court No.1, Agra in Criminal Misc. Case No. 415 of 2021 (Smt. Pratima Kumari and another Vs. Ramesh Nandan) under Section 125 Cr.P.C., P.S. Etmadpur, District Agra and further prays to stay the effect and operation of the aforesaid order.

It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife and 3 is minor son of the revisionist. The opposite party no. 2 was living separate from him without any sufficient cause and filed an application under Section 125 Cr.P.C. for maintenance for her and a minor child. She had an agriculture land and has sufficient source of income that was the reason her application for maintenance was rejected by the learned court but granted to the extent of minor child and amount of maintenance Rs. 5,000/- per month from the date of application to the date of order and Rs. 7,000/- per month from the date of order. He also submits that he operates a medical shop and have some agricultural land by which he is to maintain himself and also to discharge other family liabilities. The amount fixed by the learned trial court is excessive and beyond his paying capacity, therefore, request to reduce the amount from Rs. 7,000/- per month to Rs. 5,000/- per month.

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

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, it appears that the claim of wife has been

rejected by the learned trial court but the claim of minor child has been allowed and amount has been fixed Rs. 5,000/- per month from the date of application and Rs. 7,000/- from the date of order. The revisionist is D-Pharma diploma holder and operates medical shop and has sufficient income to maintain his minor child. The amount of maintenance Rs. 5,000/- per month from the date of application and Rs. 7,000/- per month from the date of order cannot be said to be more than sufficient or excessive keeping in view the expenses on his maintenance and education.

Thus, there appears no any illegality or impropriety in the order passed by the learned court dated 07.06.2024 in fixing the amount of maintenance in favour of child, therefore, does not require any interference by this Court but this criminal revision being devoid of merit is liable to be dismissed.

Accordingly, this criminal revision is, hereby, dismissed .

Order Date :- 21.7.2025 Suraj Srivastav

Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad