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2025 DAILYLAW 12015 (ALL)

DASHRATH TIWARI v. STATE OF U.P. AND ANOTHER

CRLR/506/2025 · 2025-06-30

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:100787 Court No. - 84 Case :- CRIMINAL REVISION No. - 506 of 2025 Revisionist :- Dashrath Tiwari Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vinod Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. The present criminal revision has been filed with prayer to allow the revision by setting aside the impugned order dated 19.12.2024 passed by Additional Principal Judge, Family Court- III Jaunpur by which enhanced the amount of maintenance from Rs.1500/- to Rs.2500/- per month from the date of filing of the application under Section 127 Cr.P.C. and also prays to stay the effect and operation of the order dated 19.12.2024. It is submitted by learned counsel for the revisionist that in this case the revisionist is a poor person and opposite party no.2 is his wife. Further submits that an application u/s 125 Cr.P.C. was filed and decided on 11.05.2007 and amount of maintenance Rs.1500/- per month was fixed by the learned trial court. Later on, an application for enhancement of amount of maintenance was moved in the year 2015 which was decided by the learned trial court by order dated 19.12.2024 and amount was enhanced to Rs.2500/- per month from Rs.1500/- per month from the date of application. Further submits that the revisionist is not in a position to make payment of such amount to opposite party no.2 from the date of application but it be fixed from the date of order. He also submits that for easy payment of arrears, the amount of arrears of maintenance may be divided into easy installments. Learned A.G.A. has no objection in this regard. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the order dated 19.12.2024 passed by the learned trial court, it appears that the revisionist is husband of the opposite party no.2 who is under legal obligation to maintain her. Considering the inability of the wife to maintain herself the amount of maintenance Rs.1500/- per month was fixed by the learned trial court in the year 2007 but now after lapse of about 17 years the amount of maintenance Rs.2500/- per month for survival of wife cannot be said to be excessive or more than sufficient. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court while enhancing the amount of maintenance from Rs.1500/- per month to Rs.2500/- per moth, therefore, it does not warrant any interference by this Court. So far as the amount of arrears of maintenance from the date of order is concerned, it has been provided in the case of Rajnesh vs. Neha and another (2021) 2 SCC 324 the amount of maintenance is to be paid from the date of application and not from the date of order. Thus, there is no any ground either to reduce the amount of maintenance or to make payment of amount of arrears of maintenance from the date of order. However, it is directed that for easy payment the amount of arrears of maintenance be divided into 12 equal installments which shall be payable month to month alongwith current amount of maintenance. Accordingly, this criminal revision is disposed of finally. Order Date :- 1.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad