RAKESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Monika Pal, learned counsel for the revisionist, Shri Rajesh Kumar Yadav, learned counsel for opposite party no. 2, and learned A.G.A. for the State, and perused the record.

(2.) The present criminal revision has been filed assailing the order dtd. 21/8/2025 passed by the learned Principal Judge, Family Court, Agra in Case No. 2238 of 2024, arising out of proceedings under Sec. 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the application filed by the revisionists seeking maintenance from opposite party no. 2 has been rejected.

(3.) Learned counsel for the revisionists contended that the impugned order is illegal, arbitrary, and suffers from non-application of judicial mind. It was urged that the revisionists are old, illiterate, and indigent parents of the deceased, who were wholly dependent upon their sole son, late Pravesh Kumar, during his lifetime. It was further submitted that the marriage of the deceased with opposite party no. 2 was solemnized on 26/4/2016 and that he died on 31/3/2021. According to the revisionists, opposite party no. 2 is employed as a Constable in the Uttar Pradesh Police, has sufficient independent income, and has also received all service and retiral benefits of the deceased. Emphasis was laid on the moral obligation of the daughter-in-law to maintain the aged parents-in-law, which, according to the revisionists, should be treated as a legal obligation.