PALLAVI MITTAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
CRLR/5246/2024 · 2025-04-20
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 103889 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103889 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:59235 Court No. - 79 Case :- CRIMINAL REVISION No. - 5246 of 2024 Revisionist :- Pallavi Mittal And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Laxmi Narayan Mishra Counsel for Opposite Party :- G.A.,Ronak Chaturvedi Hon'ble Subhash Chandra Sharma,J. Counter affidavit filed by learned counsel for opposite party is taken on record. Heard learned counsel for both the parties and perused the record. This Crl. Revision has been filed by the revisionists with a prayer to allow this revision and modify the award of interim maintenance by order dated 10.9.2024 in Case No.985 of 2019 (Pallavi Mittal and Anr Vs. Aniket Maheshwari), under section 125 Cr.P.C, Police Station Pallavpuram, District Meerut. It is submitted by the learned counsel for the revisionists that due to neglect of the husband, wife is living separate from him with a minor child aged about 5 years. It is further submitted that the opposite party/husband is a teacher in Uchhatar Madhyamik Vidayalaya and gets gross salary Rs.89,740/- and after deduction net salary comes to Rs.78,450/-. Though revisionist No.1 is an educated lady but is still unemployed due to being busy in supervision and care of the child. Learned trial court passed the order in question dated 10.9.2024 for interim maintenance in favour of wife and the minor child Rs.2000/- per month for each, total Rs.4000/- that is meagre and less then sufficient. Therefore, request to increase the amount of interim maintenance as per status of the wife and for maintenance of her child.
Learned counsel for opposite party as well as learned A.G.A for the State opposed the prayer as aforesaid and contended that the wife is also B.Tech. degree holder and she is able to maintain herself and also the child. Husband is always ready to keep his wife and the child with him but without any reasonable excuse she is living separate from him, therefore, she cannot be said to be entitled for maintenance. He also submits that there is deduction of major part of the salary in house loan and there are other liabilities relating to old father of the opposite party,
therefore, the amount of maintenance as fixed by the learned court concerned cannot be said to be meagre but it is sufficient. On considering the facts and circumstances of the case,
submissions made by the learned counsel for both the parties, perusal of record as well as the order passed by learned trial court, the income of the husband, the deduction and liabilities and also the status of husband and wife, the amount fixed by the learned trial court i.e Rs.4000/- for both wife and minor child cannot be said to be sufficient and proportionate to the income and status of husband, therefore, it is expedient and proportionate to fix the amount for interim maintenance in favour of wife Rs.10,000/- and in favour of child Rs.10,000/-, total Rs.20,000/- per month as interim maintenance. Accordingly, this criminal revision is partly allowed. However, the learned trial court is directed to make its endeavour to decide the case as expeditiously as possible without granting unnecessary adjournment to either of the parties.
Order Date :- 21.4.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad