Allahabad High Court
Smt Payal And Another vs State Of U.P. And Another on 4 July, 2025
Author: Subhash Chandra Sharma
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:104440 Court No. - 84 Case :- CRIMINAL REVISION No. - 5442 of 2024 Revisionist :- Smt Payal And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rahul Singh,Ranjeet Asthana,Shailesh Upadhyay Counsel for Opposite Party :- G.A.,Vijay Kumar Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the revisionists as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the record.
The present criminal revision has been filed with prayer to set aside the order dated 30.08.2024 passed by learned Principal Judge, Family Court, Baghpat in the case No.32 of 2018 UPBG020001862018 (Smt. Payal and another vs. Harendra) u/s 125 Cr.P.C., Police Station Ramala, District Baghpat and further prayed to modify the order dated 30.08.2024 and enhance awarded amount more than Rs.40,000/- per month from the date of institution of maintenance case by the revisionists.
It is submitted by learned counsel for the revisionists that in this case revisionist no.1 is wife of the opposite party no.2 and is living separate from him due to his neglect and harassment. There is a child with her who was born with the wedlock. Further submits that the opposite party no.2 is Head Constable in Delhi Police Department. The application u/s 125 Cr.P.C. filed by the revisionist was decided by order dated 30.08.2024 by which learned trial court fixed the amount of maintenance Rs.8000/- per month to the wife and Rs.2000/- per month to the minor son from the date of application and maintenance Rs.10,000/- per month to the wife and Rs.5000/- per month to the minor son from the date of order. Though the amount of maintenance is to be fixed from the date of application as per the law laid down by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324. The opposite party no.2 has obtained ex-parte decree of divorce against the revisionist which has been challenged before this Court and appeal is still pending. Further submits that the opposite party no.2 gets salary i.e. Rs.64192/- per month as per the salary slip for the month of August, 2022 and now the salary has been increased. Out of Rs.64192/- per month the amount of maintenance fixed by the learned trial court i.e. Rs.15,000/- per month cannot be said to be proportionate and sufficient for the maintenance of wife and minor son, therefore, request to increase the amount as fixed by the learned trial court and allow the revision.
Learned counsel for the opposite party opposed the prayer as aforesaid and contended that the revisionist is living separate from the opposite party no.2 without any sufficient cause, therefore, she cannot be said to be entitled for maintenance even though the learned trial court has fixed the amount of maintenance Rs.10,000/- per month and Rs.5000/- per month in favour of the wife and child from the date of order which is more than sufficient. He also contends that the opposite party no.2 has to look after his parents and he also spends on his individual needs. There is personal loan regarding which Rs.29,000/- per month are being paid as E.M.I. In this way, only Rs.30,000/- are left with the opposite party no.2. The gross salary for the month of August, 2022 has been shown but deductions are not mentioned in that salary slip. He gets house rent allowance Rs.9261/- and T.A. Rs.4824/- which is spent by the opposite party no.2 on rent where he lives and on travelling. The learned trial court has fixed the amount of maintenance Rs.10,000/- in favour of wife and Rs.5000/- in favour of minor son cannot be said to be insufficient but this revision being devoid of merit is liable to be dismissed.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, perusal of record and the order passed by the learned trial court, it appears that due to neglect of opposite party no.2 the revisionist is living separate from him with her minor son who was four years at the time of application in the year 2018 and now he has become 10 years of age. The learned trial court has fixed the amount of maintenance Rs.8000/- per month in favour of wife and Rs.2000/- per month in favour of minor son from the date of application and from the date of order Rs.10,000/- per month to the wife and Rs.5000/- per month to the minor son which cannot be said to be in accordance with the observations made by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324. Therefore, this indicates illegality and the amount of maintenance is to be fixed from the date of application. Keeping in view the liabilities of the opposite party no.2 and the deductions from his salary the amount of Rs.15,000/- per month in favour of wife and son cannot be said to be disproportionate.
Accordingly, this criminal revision is partly allowed and amount of maintenance Rs.10,000/- to wife and Rs.5000/- to minor son as fixed by the learned trial court is directed to be payable from the date of application.
If there is any change in the circumstances the revisionist may have an option to approach the competent court.
Order Date :- 4.7.2025 Ashok Gupta