Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 16223 (ALL)

SMT. RADHA CHARDHARY v. STATE OF U.P. AND ANOTHER

CRLR/576/2025 · 2025-09-18

Subhash Chandra Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 576 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Counter affidavit filed today by learned counsel for opposite party is taken on record. Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2 as well as learned A.G.A. and perusal the material on record. This criminal revision has been filed by the revisionist with prayer to allow this revision and set aside the impugned judgment and orders dated 21.12.2024 passed by the learned Principal Judge, Family Court, Gautam Buddh Nagar in Case No. 136 of 2023 (Smt. Radha Chaudhary Vs. Ravi Kumar) under Section 125 Cr.P.C., Police Station Jewar, District Gautam Buddh Nagar. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is husband of the revisionist who is working in Army and gets handsome salary. A minor daughter Km. Angel aged about six and half years lives with her. An application under Section 125 Cr.P.C. was allowed ex-parte by the learned trial court fixing the amount of maintenance Rs. 18,000/- per month in favour of wife and Rs. 2000/- per month in favour of minor daughter. The amount fixed in favour of minor daughter is too less though the expenses on her education are more than the fixed amount including transportation from home to school, therefore, request to set aside the order passed by learned trial court and increase the amount. Learned counsel for the opposite party no. 2 as well as learned A.G.A. opposed the prayer as aforesaid and contended that the learned trial court has Versus Counsel for Revisionist(s) : Abhishek Gupta Counsel for Opposite Party(s) : G.A., Mandeep Singh Smt. Radha Chaudhary .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) already fixed the amount of maintenance Rs. 18000/- per month in favour of wife that is disproportionate to the income of the husband who gets Rs. 55,000/- per month as salary in Army. Since the daughter is aged about six and half years living with the mother, therefore, Rs. 2000/- per month are sufficient for her maintenance and educational expenses. The learned trial court has fixed the amount that is reasonable. On considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as well as learned A.G.A. perusal of record and order passed by learned trial court, it appears that there is no dispute between the parties regarding fixing the amount in favour of wife. So far as the amount in favour of minor daughter is concerned it seems to be less than sufficient, therefore it is liable to be increased. In considered opinion of this Court, the amount of maintenance Rs. 2000/- per month in favour of minor daughter is increased to Rs. 4000/- per month till she attains majority from the date of application. The present revision is partly allowed at the admission stage. The amount received as interim maintenance or maintenance in the present case or in any other case shall be subject to adjustment in the present amount. September 19, 2025 Anurag Singh CRLR No. 576 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad