Quashed

Mohd. Haseeb v. State of U.P. and Another

Allahabad HC13 Feb 2025CRLR/485/2025

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What is this about?

Allahabad High Court Criminal Revision CRLR No. 485 of 2025; Harvir Singh, J.; maintenance under Section 125 Cr.P.C.; Family Court No. 2 Kanpur Nagar; order dated 18.12.2024 fixing Rs. 5,000 monthly maintenance quashed; earlier interim maintenance of Rs. 10,000 recalled; reliance on Rajnesh vs. Neha AIR 2021 Supreme Court 569 (income disclosure affidavit); no affidavit/documentary evidence of inco

What did the court decide?

Impugned order dated 18.12.2024 quashed and set aside; Principal Judge, Family Court to take on record proof of income (including pay slip) and full income details of the revisionist; fresh maintenanc

Mohd. Haseeb vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 485 of 2025

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Mohd. Haseeb

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.....Revisionist(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Revisionist(s)	: Istyak Khan
Counsel for Opposite Party(s)	: Arvind Kumar Singh, G.A.

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Court No. - 90

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HON'BLE HARVIR SINGH, J.

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Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2 and perused the record.

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The instant revision has been filed against the order dated 18.12.2024 passed by learned Additional Principal Judge, Family Court No. 2, Kanpur Nagar, by which a sum of Rs. 5,000/- has been fixed as monthly maintenance, to be paid to opposite party no. 2. Initially, learned Additional Principal Judge, Family Court, Kanpur Nagar has passed an order of interim maintenance, thereby fixing a sum of Rs. 10,000/- to be paid as interim maintenance, however the said order of interim maintenance was recalled and the matter was listed for further proceedings.

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A perusal of the order dated 18.12.2024, in which it has been stated in paragraph 5 that the revisionist (herein) filed an affidavit, bearing paper no. 29 before the Court of Additional Principal Judge, Kanpur Nagar and it has further been stated in para 5 that neither any oral evidence nor any documentary evidence was filed by the revisionist and it is clear from the paragraph 5 of the order dated 18.12.2024 that neither affidavit nor documentary evidence in respect of income of the revisionist was ever produced before the Court as directed by Hon'ble Supreme Court in the case of Rajnesh vs. Neha, AIR 2021 Supreme Court 569, AIRONLINE 2020 SC 915. As to how and under what circumstances, the learned Additional Principal Judge, Family Court has arrived at the findings that opposite party no. 2 is entitled for a sum of Rs. 5,000/- to be paid as

CRLR No. 485 of 2025

monthly maintenance.

Without going into other merits of the case, the order under challenge dated 18.12.2024 passed by learned Additional Principal Judge, Family Court No. 2, Kanpur Nagar is hereby quashed and set aside and the learned Principal Judge, Family Court is directed to take on record the proof of income, including pay slip of the revisionist and the entire details of income for the period, when the application for maintenance under Section 125 Cr.P.C. filed and decided. The revisionist shall also furnish the entire details of any other source of income. Hence it is directed that, once the evidence is come on record, the learned Additional Principal Judge, Family Court shall pass an order afresh.

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However, it is further directed that in the meantime, the revisionist shall continue to pay a sum of Rs. 5,000/- as interim maintenance to opposite party no. 2.

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With the aforesaid observations, the revision stands disposed of.

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(Harvir Singh,J.)

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November 19, 2025

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Faridul

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Mohd. Haseeb v. State of U.P. and Another

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Mohd. Haseeb v. State of U.P. and Another

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