Rajeev vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:60205

Court No. - 79

Case :- CRIMINAL REVISION No. - 479 of 2025

Revisionist :- Rajeev Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pawankumar Dubey 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 21.11.2024 passed by the learned Additional Principal Judge, Family Court, Shahjahanpur in Case No. 452 of 2020, under Section 125 Cr.P.C., Police Station Madnapur, District Shahjahanpur.

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It is submitted by learned counsel for the revisionist that in this case, an ex-parte order under Section 125 Cr.P.C. was passed allowing Rs. 7000/- per month as maintenance regarding which he has moved an application u/s 126(2) Cr.P.C. before the learned trial court on 20.09.2024 which is still pending. In the meantime, recovery proceedings were initiated and vide order dated 21.11.2024 learned trial court has directed the Nagar Ayukt, Nagar Nigam, Bareilly to realize the amount of arrears of maintenance Rs. 2,80,000/- as a result the total salary of the revisionist is being deposited before the learned trial court in compliance of letter dated 21.11.2024. The revisionist gets nothing and there is no any other income for his support and survival, therefore, reasonable amount be directed to be deducted from his salary for making recovery of arrears of maintenance with payment of current amount of maintenance. He further submitted that the order for deduction of total amount of his salary be set aside and the application under Section 126(2) Cr.P.C. be directed to be decided by the learned court as expeditiously as possible and then after giving an opportunity of hearing to the revisionist, application under Section 125 Cr.P.C. be decided on merit.

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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, order passed by learned trial court and letter written to Nagar Ayukt, Nagar Nigam by the court concerned for deduction of arrears of maintenance amounting to Rs. 2,80,000/- and its compliance by the Nagar Ayukt, it appears that nothing is left for survival of the revisionist. It cannot be said to be just and proper to get deducted the entire salary of the revisionist for realization of arrears of maintenance when application u/s 126(2) Cr.P.C. is still pending. In this scenario, it is expedient to direct the learned trial court to decide the application u/s 126(2) Cr.P.C. moved by the revisionist as expeditiously as possible within a period of two months and till then the revisionist may be directed to make payment of monthly amount of maintenance and the recovery for arrears from his salary be kept in abeyance.

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In case, the application under Section 126(2) Cr.P.C. is allowed by the learned court, the order for maintenance i.e. Rs. 7000/- and the arrears shall come to an end and proper order for interim maintenance be passed by learned trial court till disposal of application u/s 125 Cr.P.C. On the other hand, if the application is rejected then the learned court will proceed to order for realization of amount of maintenance. In this regard the revisionist is directed to move an application before the learned trial court to decide the application u/s 126(2) Cr.P.C. within 10 days that will be decided as aforesaid.

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Accordingly, this revision is disposed of finally, at admission stage.

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Order Date :- 22.4.2025 Anurag Singh

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

Rajeev v. State of U.P. and Another

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Rajeev v. State of U.P. and Another

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