Disposed

Ravi Kant v. State of U.P. and Another

Allahabad HC20 Jul 2025CRLR/5849/2024

Case brief

AI extract

What is this about?

Revision against maintenance order granting Rs.5,000 per month each to wife and minor son under Section 125 CrPC. Court found wife unable to maintain herself and husband legally bound to maintain them; amount held not excessive. Arrears from 2018 directed to be paid in 14 equal installments alongside current maintenance.

What did the court decide?

Arrears of maintenance from 2018 to be paid in 14 equal installments; otherwise revision dismissed in substance.

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

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Neutral Citation No. - 2025:AHC:118675

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 5849 of 2024

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Revisionist :- Ravi Kant Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ajay 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 for the State and perused the record.

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This Crl. Revision has been filed by the revisionist with a prayer to allow this revision and set aside the order dated 20.08.2024 passed by learned Addl Principal Judge, Family Court, Agra in Case No.1155 of 2018 (Smt.Archana and another Vs. Ravi Kant), under section 125 Cr.P.C, Police Station Jagdishpura, District Agra.

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It is submitted by the learned counsel for the revisionist that in this case the opposite party No.2 is wife. He also submits that the opposite party No.2 is living apart from him without any sufficient reason with the minor son. She filed an application under section 125 Cr.P.C for maintenance which was allowed by the learned trial court by order dated 20.8.2024 fixing the amount of maintenance Rs.5000/- per month in favour of opposite party No.2 and Rs.5000/- per month in favour of her minor son, total Rs.10,000/-. per month. He also submits that the wife is able to maintain herself, even though the learned trial court has granted maintenance in her favour illegally. He has no any regular income, therefore, the amount as fixed by the learned trial court is excessive and beyond his paying capacity and request to reduce the amount and also to divide the amount of arrears of maintenance in easy installments.

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Learned A.G.A opposed the prayer as aforesaid and contended that in this case the amount as fixed by the learned trial court cannot be said to be more than sufficient since the amount of maintenance is Rs.5000/- per month for each to the wife and minor child.

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On considering the facts and circumstances of the case, submissions made by the learned counsel for the revisionist as well

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as learned A.G.A, perusal of record and the order passed by the learned trial court, it appears that the opposite party No.2/ wife is living separate from him due to his neglect and she is unable to maintain herself as having no any source of income. On the other hand, the revisionist being husband, and able bodied person, is under legal obligation to maintain his wife and minor son. The amount of maintenance Rs.5000/- per month in favour of opposite party No.2/wife and Rs.5000/-per month in favour of minor son cannot be said to be more than sufficient or excessive. In this way, it cannot be said that the learned trial court has committed any error in passing the order in question while fixing the amount of maintenance, as a result it does not warrant interference by this Court. So far as the arrears of amount of maintenance from the year 2018 is concerned, the revisionist is directed to pay this amount into 14 equal installments payable with the current amount of maintenance month to month.

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Accordingly, this revision is disposed of finally.

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Order Date :- 21.7.2025 G.S

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Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad

Ravi Kant v. State of U.P. and Another

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Ravi Kant v. State of U.P. and Another

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