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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Lakshmi Kant Shukla,J.
Ramraj – Appellant
Versus
State of U.P. and Another – Respondent
JUDGMENT :
LAKSHMI KANT SHUKLA, J.
1. Rejoinder affidavit filed on behalf of revisionist, is taken on record.
2. Heard Mr. Saurabh Yadav, the learned counsel for revisionist, Mr. Gyanendra Singh, the learned AGA representing State-opposite party no. 1 and Mr. Kailash Choudhary, learned counsel representing opposite party no.2 and perused the record.
3. The present revision has been preferred by revisionist Ramraj challenging the impugned judgment and order dated 27.06.2025 passed by learned Principal Judge, Family Court, Gorakhpur (hereinafter referred to as trial court) in Case No. 39/2021, under section 125 Cr.P.C. (Kumari Shushila Vs. Ramraj) wherein the trial court partially allowed the application of opposite party no. 2/the complainant under section 125 Cr.P.C. and the revisionist was ordered to pay Rs. 4,000/- monthly as maintenance to opposite party no.2 the wife of revisionist.
4. Feeling aggrieved from that order the present criminal revision has been filed on the grounds that the impugned order has manifest error of law. It is absolutely illegal, unjust, improper, arbitrary against the evidence on record, hence the same is liable to be set aside by this Court invoking the rev
(1) Standard of proof of marriage in a Section 125, Cr.P.C. proceeding is not as strict as is required in a trial for an offence under Section 494 IPC.(2) Order passed in application under Section 12....
Wife entitled to maintenance under Section 125 CrPC where husband fails to prove adultery or unjust refusal to cohabit; award upheld based on evidence of husband's business/land income contra labour ....
The court ruled that a wife disqualified from maintenance under Section 125 due to adultery cannot claim maintenance post-divorce if evidence of past conduct supports the claim.
A wife must demonstrate sufficient reason to refuse cohabitation with her husband to be entitled to maintenance under Section 125 of the Cr.P.C.
The burden of proof lies with the husband to establish continuous adultery to deny maintenance; isolated incidents are insufficient.
Proper consideration of the issue of adultery is essential in determining a wife's entitlement to maintenance under section 125(4) of Cr.P.C.
Broad and expansive interpretation should be given to the term 'wife' to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of t....
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