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Reserved on : 05.05.2026

Delivered on : 10.07.2026

A.F.R.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL REVISION No. - 3622 of 2024

Smt Sushila

…..Revisionist(s)

Versus

Rajiv Kumar Chaudhary

…..Opposite Party(s)

Counsel for Revisionist(s) : Ashish Pandey, Randhir Jain

Counsel for Opposite Party(s) : G.A., Sanjay Kumar Mishra

Court No. - 18

HON'BLE ACHAL SACHDEV, J.

1. Heard Sri Ashish Pandey, learned counsel for the revisionist,

learned A.G.A. for the State and Sri Arun Kumar Maurya, Advocate,

holding brief of Sri Sanjay Kumar Mishra, learned counsel for the

opposite party no. 2.

2. The present revision has been preferred by the revisionist being

aggrieved by the judgement and order dated 05.03.2024 passed by

Principal Judge, Family Court, Maharajganj in Maintenance Application

No. 298 of 2019 (Sushila and Another Vs. Rajiv Kumar) u/s 125 Cr.P.C.

3. The trial court has denied maintenance to the revisionist on the

ground that she is not legally wedded wife of opposite party no. 2, Rajiv

Kumar Chaudhary and the matter is revisable. Hence, the present

revision is admitted.

4. Perused the record.

5. Briefly stated the facts of the case are that the petitioner

(revisionist herein) has stated that her marriage with Rajiv Kumar was

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CRLR No. - 3622 of 2024

solemnized through a court marriage on 21.09.2017, and despite her

family providing substantial dowry according to their status, her husband

and in-laws soon began harassing her for additional dowry, particularly

demanding a four-wheeler. She alleged that on 23.10.2017, she was

beaten and expelled from her matrimonial home, after which village

elders intervened and she was later taken to Gorakhpur by her husband

and out of marital relation, she gave birth to a son, but her husband,

father-in-law Achhevar, mother-in-law Koila Devi, brother-in-law

Gautam, and sister-in-law allegedly continued to mentally and physically

torture her. She further alleged that on 19.03.2019, all the accused

confined her in a room, assaulted her brutally, attempted to strangulate

her at the instigation of her mother-in-law, and ultimately drove her out

after taking away her stridhan. Since then, she has been residing at her

parental home with her child without any financial support from the

opposite party. Claiming that she has no independent source of income

while her husband earns well as a lab technician at Digvijay Nath

Degree College and also has agricultural income.

6. Learned counsel for the revisionist submits that the revisionist has

sought maintenance of Rs.25,000/- per month for herself and Rs.15,000/-

per month for her minor child through her application u/s 125 Cr.P.C. He

next submits that the revisionist is the wife of opposite party no. 2 and

that she was beaten and driven away from her matrimonial house on

19.03.2019 and since then, she has been living at her parents' home and

is unable to support herself. He further submits that the revisionist’s

family had provided substantial dowry to the opposite party no. 2 but her

husband (opposite party no. 2) and in-laws harassed her for demand of

additional dowry.

7. Learned counsel for the opposite party no. 2 submits that an

application for court marriage of the revisionist and opposite party no. 2

was given in the court of District Magistrate on 21.09.2017 but the

marriage was not legally formalized and under pressure from the

revisionist and her family, the opposite party no. 2 brought her to live

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CRLR No. - 3622 of 2024

with him in his Gorakhpur quarters on 21.09.2017. He next submits that

after learning of relationship of revisionist and opposite party no. 2, the

family of opposite party no. 2 severed ties with him and disowned him,

yet he chose to live with the revisionist for her happiness. He further

submits that the revisionist never visited or lived with the family of

opposite party no. 2 in the village, had no interaction with his parents or

relatives, and was never subjected to dowry demands, harassment, or

assault by him or his family. He also submits that the revision