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Showing contexts for: turnover decrease in Manish Singhal vs State Of U.P. And Another on 12 August, 2025Matching Fragments
Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, perusal of record and the order dated 01.03.2025 passed by the learned trial court, it appears that the opposite party no.2/wife is living apart from the revisionist in a rented accommodation which was hired by him in which he also lived till the year 2022 but thereafter, he left it and wife continued to live there with her minor child. In the accommodation the revisionist and the opposite party no.2 shifted as she was subjected to harassment by the members of the family as per the allegations made in the application u/s 125 Cr.P.C. Now the child has become major and has been handed over in the custody of the revisionist/husband and is living there. The wife is an unemployed lady and has no any source of income to maintain herself. The revisionist/husband stopped paying the rent of the accommodation and also filed a case u/s 13 Hindu Marriage Act for divorce which is still pending, it also shows the neglect on the part of the revisionist with regards to the opposite party no.2. He being husband is under legal obligation to maintain his wife who has no source of income or unable to maintain herself. So far as the income of the husband is concerned, he disclosed the fact of firm Siddhi Tiles in his affidavit but income was mentioned to be Rs.9000/- per month only from the business of the firm. During the course of cross-examination before the learned trial court he admitted clearly that his business is separate which is in the name of Siddhi Tiles and he is sole-owner of Siddhi Tiles and his per month turnover is about Rs.1,50,000/-, some times it increases and some times it decreases. The details of turnover from the year 2018-19 to 2023-24 has also been filed on record on the basis of G.S.T. which he admitted during his cross-examination. Learned trial court has calculated the yearly turnover for a period of 5 years and then got the average turnover. It assessed his income about 20% per year and divided it into months and then after deducting 8% as expenses of the shop the amount of monthly income was found to be Rs.59,000/-. The learned trial court has fixed the amount of Rs.18,000/- per month as maintenance in favour of wife who is living separate from him in rented accommodation cannot be said to be more than sufficient and on the other hand it can also not be said to be less than sufficient.