Allahabad High Court
ANUJversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANOJ BAJAJ
Holding
The revision petition is dismissed and the interim maintenance order of Rs.5,000 and Rs.2,000 per month stands.
Summary
The petitioner, an Indian Army officer posted in Leh, filed a criminal revision challenging an interim maintenance order dated 13-11-2025 that granted Rs.5,000 per month to his wife and Rs.2,000 to his child. He contended that his wife, who earns approximately Rs.45,000 per month through embroidery and tutoring, is capable of self‑support and that the maintenance award is excessive and unjustified. The High Court examined the parties' separate residence, the petitioner's monthly salary of about Rs.70,000, and the wife's earnings, and found no error in the trial court's appreciation of the material. It held that the interim amounts are reasonable in view of the circumstances and that the petitioner's willingness to reconcile does not affect the pending maintenance proceedings. Consequently, the Court dismissed the revision petition, leaving the interim maintenance order intact.
Issues considered
- Whether the interim maintenance of Rs.5,000 to the wife and Rs.2,000 to the child is justified given the petitioner's income and the wife's earnings.
- Whether the Family Court erred in granting maintenance without proper analysis of the parties' conduct and financial positions.
- Whether the revision petition should be allowed to set aside the interim maintenance order.
Subjects
- interim maintenance
- family law
- revision petition
- Indian Army
- separation
- Criminal Procedure Code
- Section 125
- maintenance order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 8225 of 2025
Anuj
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : Abhay Kumar, Pushpendra Kumar,
Ramdhan
Counsel for Opposite Party(s) : G.A., Saurabh Singh
Court No. - 85
HON'BLE MANOJ BAJAJ, J.
Petitioner- Husband is aggrieved against the order dated 13.11.2025
passed by Principal Judge, Family Court, Mathura in Case No.974 of
2024, titled Smt. Madhavi and another vs. Anuj, whereby the application
for interim maintenance filed by the wife has been allowed, thereby
awarding a monthly maintenance of Rs.5000/ & Rs.2000/-, respectively in
favour of the wife and the child (respondent nos.2 & 3).
Learned counsel for the petitioner has argued that the petitioner is serving
in Indian Army and he is presently posted in Leh- Ladakh and the wife is
residing separately from the petitioner without any valid cause. Learned
counsel has further argued that the petitioner is willing to reside with his
wife, but the wife has chosen to stay with her parents along with her child
and the trial court has not carefully analyzed the pleadings and conduct of
the parties while allowing interim maintenance of Rs.5000/ and Rs.2000/-
, respectively in favour of the wife and the child. He submits that the wife
has been threatening the petitioner to commit suicide or implicating in a
criminal case, whereas there is no reason of differences between the
couple. He has further argued that the petitioner's wife is XIIth pass, who
is otherwise engaged in embroidery and stitching cloths to earn
approximately Rs.30,000/- per month, besides, earning Rs.15,000/- per
month by giving tutions and she competent to maintain herself has filed
the claim of maintenance on frivolous grounds. Learned counsel has
argued that the amount of awarded through the impugned order is not
CRLR No. 8225 of 2025
2
justified, therefore, the impugned order calls for interference by this
Court.
After hearing the learned counsel and considering his submissions, this
Court finds that concededly, the parties are residing separately and the
petitioner- husband has specifically pleaded his liability to maintain
opposite party nos.2 & 3 and in this respect specific averment in the
grounds of revision is also made.
During the course of hearing, it is also not disputed by learned counsel
that the petitioner is drawing a salary of approximately Rs.70,000/- per
month, who is serving in Indian Army, therefore, considering the facts
and circumstances of the case, this Court does not find any reason to
interfere with the impugned order, whereby as an interim measure, only a
sum of Rs.5000/- and Rs.2000/- per month, respectively in favour of the
wife and the child (respondent nos.2 & 3) has been awarded. The stand of
the petitioner that he is willing to keep his wife and is keen to explore the
possibility may be a good gesture on his part, but in this regard, the
parties can make an attempt before the court where the proceedings are
pending, which are yet to be finally adjudicated.
A perusal of the impugned order would show that the findings are based
upon correct appreciation of material on record, therefore, this Court has no
hesitation in holding that the impugned order dated 13.11.2025 does not
suffer from any illegality or impropriety.
Resultantly, the revision petition is dismissed.
(Manoj Bajaj,J.)
May 6, 2026
Raj
Digitally signed by :-
RAJ KUMAR
High Court of Judicature at Allahabad
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