SHAILENDRA KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the material on record.

(2.) This criminal revision has been filed by the revisionist with a prayer to allow the revision and to quash the judgment and order dtd. 21/2/2023 passed by the learned Additional Principal Judge, Family Court, Bijnor in Misc. Criminal Case No. 256 of 2015 (Smt. Sheetal Rajput and another Vs. Shailendra Kumar Singh) under Sec. 125 Cr.P.C. whereby the learned Family Court rejected the claim for maintenance for opposite party no. 2 and has partly allowed the claim for the opposite party no. 3 and awarded maintenance Rs.15,000.00 per month from the date of judgment and Rs.10,000.00 as arrears from the date of filing of the application i.e. 23/5/2015 to the date of judgment i.e. 21/2/2023, which is to be deposited by the revisionist by the 10th of every month in favour of the opposite party and further pray to stay the effect and operation of the aforesaid order.

(3.) It is submitted by learned counsel for the revisionist that in this case the learned trial court has allowed the amount of maintenance Rs.15,000.00 per month from the date of order in favour of minor daughter. He further submits that the amount of maintenance from the date of order be reduced. It is also submitted that the revisionist receives the salary Rs.60,500.00 per month that was taken into consideration while fixing the amount. The revisionist has liability of his parents those are suffering from various diseases and are unable to make earning. It is also submitted that the payment of arrears is beyond his paying capacity, therefore, request to reduce the amount of arrears also.