IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAVEEN KUMAR GIRI
Archana – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
PRAVEEN KUMAR GIRI, J.
1. Heard Sri Uttam Singh, learned counsel for the revisionist, Sri Bhavesh Singh Jadaun, learned counsel for O.P. No.2 and Sri Pankaj Kumar, learned A.G.A. for the State.
2. Learned counsel for the revisionist submits that the instant criminal revision has been preferred with the relief which has been mentioned in the prayer clause. The relief mentioned in the prayer clause of the revision is delineated below:-
"The relief sought by the present Criminal Revision is that this Hon'ble Court may be pleased to set aside the interim maintenance Order dated 07.02.2025 passed by the Additional Principal Judge, Family Court, District Kanpur Dehat in Case No.97 of 2024 (Archana and another Vs. Amardeep) under Section 125 Cr.P.C. by which Ld. Principal Judge Family Court Kanpur Dehat has granted the interim maintenance Rs.1000/- per month to the only revisionist no.1 and nothing has been granted to the Minor Child Revisionist No.2 so enhance the interim maintenance in favor of the Revisionist No.1 Rs.15000/- in place of the Rs.1000/- per month and also grant the interim maintenance to the minor child revisionist no.2 Rs.5000/- per month from the date of the appl
Maintenance under Section 125 Cr.P.C. must reflect the financial status of the husband and the needs of the wife, ensuring adequate support for her living expenses.
The scope of criminal revision against an order of interim maintenance is limited to examining the legality and propriety of the impugned order. Courts should not interfere with the quantum of mainte....
Alteration of maintenance allowance under Section 127 Cr.P.C. can be done by trial Court on the ground of change of circumstances
Maintenance can be capped at 25% of an individual's net income under Section 125 Cr.P.C., considering living costs.
A wife's earning does not preclude her from receiving maintenance; courts must assess the overall financial situation and standard of living.
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