Dismissed¶14

Abid Ali v. State of U.P. and Another

Allahabad HC15 Sept 2025CRLR/5254/2025

Case brief

AI extract

What is this about?

Criminal revision dismissed at admission stage; Section 125 Cr.P.C. interim maintenance; Family Court Aligarh order dated 06.06.2025 upheld; Criminal Misc. Case No. 419 of 2024; Smt. Mehrun Nisha vs Abid Ali; Police Station Quarsi, District Aligarh; income assumed at minimum wages Rs. 505/- per day, Rs. 13,120/- per month; interim maintenance Rs. 5,000/- per month; able-bodied husband under legal obligation to maintain wife; wife living apart in maika after maltreatment; revisionist unemployed M.A. student with no regular income; State of U.P. and Another; learned A.G.A. opposed prayer.

What did the court decide?

Since the opposite party no. 2 is living separate from the revisionist due to his neglect, the revisionist, being an able-bodied person, is under legal obligation to maintain his wife. ¶13

Abid Ali Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the interim maintenance of Rs. 5,000/- per month fixed by the trial court in favour of the wife (opposite party no. 2) vide order dated 06.06.2025 should be set aside or reduced, as prayed by the revisionist on the ground of his claimed unemployment and the wife's separation without sufficient cause. +1 more

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Court's answer

The order passed by the learned trial court dated 06.06.2025 cannot be said to be illegal or inappropriate.

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Ratio / Principle

Since the opposite party no. 2 is living separate from the revisionist due to his neglect, the revisionist, being an able-bodied person, is under legal obligation to maintain his wife.

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Key takeaways

As there is no material on record to show that the revisionist has any source of regular income, the trial court's assumption of his income at the State-fixed minimum wages (Rs. 505/- per day, Rs. 13,120/- in a month) and fixation of Rs. 5,000/- per month interim maintenance for the wife was appropriate.ratio¶13
This revision is devoid of merit and liable to be dismissed at the admission stage itself.ratio¶13

Detailed headnote1 paragraphs

CRLR 5254 of 2025 (Allahabad HC, Subhash Chandra Sharma, J., 16.09.2025): Abid Ali (revisionist) challenged the order dated 06.06.2025 of the Principal Judge, Family Court, Aligarh in Criminal Misc. Case No. 419 of 2024 (Smt. Mehrun Nisha Vs. Abid Ali) under Section 125 Cr.P.C., which fixed Rs. 5,000/- per month interim maintenance in favour of his wife from the date of application. He claimed to be an unemployed M.A. student with no regular income and that the wife was living apart without sufficient cause. The court held: there is no material on record showing any source of regular income, so the trial court rightly assumed his income at State minimum wages (Rs. 505/- per day; Rs. 13,120/- per month); the wife was living apart due to his neglect after being maltreated by him and his family; being an able-bodied person he is under legal obligation to maintain his wife. The trial court order was held neither illegal nor inappropriate; the revision, being devoid of merit, was dismissed at the admission stage.

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5254 of 2025

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Abid Ali

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.....Revisionist(s)

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	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Revisionist(s)		: Akhilesh
Counsel for Opposite Party(s)		: G.A.
Court No.- 84

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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 by the revisionist with prayer to set aside the impugned judgment and order dated 06.06.2025 passed by the learned Principal Judge, Family Court, Aligarh in Criminal Misc. Case No. 419 of 2024 (Smt. Mehrun Nisha Vs. Abid Ali), under Section 125 Cr.P.C., Police Station Quarsi, District Aligarh.

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It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife of the revisionist who is living apart from him without any sufficient cause and filed an application under Section 125 Cr.P.C. with an application for interim maintenance which was decided vide order dated 06.06.2025 fixing the amount Rs. 5000/- per month in favour of wife from the date of application as maintenance. Further submitted that the revisionist is unemployed person and pursuing study in M.A. and has no any source of regular income. The opposite party no. 2 was making pressure to live in a rented house separate from his family but he was not able to live in a rented house and he assured her that he will live separate from his family after getting employment. On this issue, she became annoyed and she went to her maika and filed the present application. The learned trial court has fixed the amount as aforesaid without considering the fact that the revisionist is unemployed and have no any source of regular income and the opposite party no. 2 is living separate from him without any sufficient cause, therefore, request to set aside the order passed by learned trial court and

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CRLR No. 5254 of 2025

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reduce the amount.

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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 in this case, the marriage between the parties was performed in the year 2021, later on a female child was born with the wedlock but after birth she died, thereafter the opposite party no. 2 was maltreated by the revisionist and members of his family that was the reason she, under compulsion, went to live in her maika with her widow mother. She has no any source of income but dependent on his mother. There is no any material on record to show that the revisionist has any source of regular income, so the learned trial court has assumed the income of the revisionist at the rate of Rs. 505/- per day as minimum wages fixed by the State and Rs. 13120/- in a month out of which Rs. 5000/- per month has been fixed in favour of wife as interim maintenance. Since the opposite party no. 2 is living separate from him due to his neglect and revisionist being able bodied person is under legal obligation to maintain his wife, therefore, order passed by learned trial court dated 06.06.2025 cannot be said to be illegal or in appropriate 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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September 16, 2025 Anurag Singh

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(Subhash Chandra Sharma,J.)

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

Abid Ali v. State of U.P. and Another

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Abid Ali v. State of U.P. and Another

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