Allahabad High Court
ABHAY @ MULAYAM PATELversusState of U.P. AND 2 OTHERS
- Decided
- Bench
- HARVIR SINGH
Holding
The revision is dismissed as it lacks merit and the awarded maintenance amounts are in accordance with law.
Summary
The revisionist Abhay Patel challenged a Family Court order that awarded Rs.3,000 to his wife and Rs.1,500 to his daughter as maintenance, arguing the total of Rs.4,500 was excessive and beyond his financial means. The State, represented by the learned A.G.A., contended that the revisionist earns over Rs.20,000 per month from private employment and agricultural income, while the wife is unemployed. The High Court examined the parties' submissions and the precedent set by Shamima Farooqui v. Shahid Khan (AIR 2015 SC 2025). It found the awarded amounts to be in line with the law and the revisionist's earning capacity. Consequently, the Court held that the revision lacked merit and dismissed it. The revision was therefore disposed of without alteration of the original maintenance order.
Issues considered
- Whether the maintenance amounts of Rs.3,000 and Rs.1,500 awarded to the wife and daughter are excessive in view of the revisionist's financial capacity.
- Whether the revision under criminal revision jurisdiction is maintainable against the Family Court's maintenance order.
Subjects
- maintenance
- family law
- revision
- financial capacity
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 4616 of 2024
Abhay @ Mulayam Patel
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : Sanjay Kumar Singh, Sheelendra Kumar
Counsel for Opposite Party(s) : Brijesh Kumar Verma, G.A.
Court No. - 86
HON'BLE HARVIR SINGH, J.
1. This court vide order dated 10.2.2026 passed the following order:-
"1. List has been revised.
2. None appeared on behalf of either of the parties to press this
revision. However, learned A.G.A. for the State is present.
3. List this case as fresh before appropriate Bench on 18.3.2026.
4. It is made clear that, if either of the parties does not appear on
the next date fixed, the revision shall be decided as per available
record."
2. Today also, none is present for either of the parties, hence the revision is
taken up for final disposal.
3. The instant revision has been filed against the order dated 10.7.2024
passed by learned Principal Judge, Family Court, Jaunpur ini Case No. 236
of 2022 (Seema Patel and another Versus Abhay Patel), by which a sum of
Rs. 3000/- and Rs. 1500/- has been awarded to opposite party Nos. 2 and 3
respectively, who are wife and daughter of the revisionist.
4. It is the contention of the revisionist that the total amount of Rs. 4500/-
awarded to opposite party nos. 2 and 3 is excessive, exorbitant and on the
higher side and beyond the financial resources of the revisionist. It has
further been averred that the revisionist is a poor person and has no financial
resources to pay the said amount of Rs. 4500/-.
5. Per contra, learned AGA submitted that the revisionist is working in a
private company at Chennai and is getting more than Rs. 20,000/- as salary
and is also having income generated from agricultural land and further
submitted that opposite party No. 2 is an unemployed lady and has no source
CRLR No. 4616 of 2024
2
of income, whatsoever, and is residing with her parents and prayed that the
order dated 10.7.2024 calls for no interference.
6. Having considered the averments made in the revision and the contention
of learned AGA and after perusing the impugned order, the amount of Rs.
4500/- awarded to opposite party Nos. 2 and 3, who are wife and daughter of
the revisionist, appears to be in accordance with the law as laid down by the
Hon'ble Apex Court in the case of Shamima Farooqui Versus Shahid
Khan reported in AIR 2015 SC 2025.
7. In view of the above, instant revision lacks merit and is hereby dismissed.
March 18, 2026
HR
(Harvir Singh,J.)
Digitally signed by :-
HEMANT RANJAN
High Court of Judicature at Allahabad
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