SMT. LAKSHMI AND ANOTHER v. STATE OF U.P. AND ANOTHER
CRLR/850/2025 · 2025-04-28
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20783 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20783 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:66076 Court No. - 79 Case :- CRIMINAL REVISION No. - 850 of 2025 Revisionist :- Smt. Lakshmi And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dhananjay Pundir,Sanjay Kumar Pundir Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionists as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer that
judgment and order dated 18.12.2024 u/s 125 Cr.P.C. passed by the learned court below be modified by this Hon'ble Court making enhancement in the monthly maintenance allowance awarded @ Rs.8000/- per month payable to the wife and @ Rs.3000/- per month to her minor child, to the extent as claimed @ Rs.20,000/- per month to the wife and @ Rs.10,000/- per month to the minor children in total sum of Rs.30,000/- per month in case of the revisionists/applicants, amongst his total admitted earning @ Rs.60,000/- per month of the opposite party no.2 as fastened upon him, being husband of the revisionist no.1 and father of the revisionist no.2. Learned A.G.A. opposed the prayer as aforesaid. It is submitted by learned counsel for the revisionists that in this case revisionist no.1 is wife and revisionist no.2 is minor son of the opposite party no.2. Further submitted that due to neglect of opposite party no.2 the revisionist is living separate from him and filed an application u/s 125 Cr.P.C. before the learned court which was decided by order dated 18.12.2024 by which Rs.8000/- per month for wife and Rs.3000/- per month for the minor son were fixed as maintenance from the date of application. He also submits that the amount so fixed for maintenance of wife and child is less than sufficient and disproportionate to the income of the husband who is an employee and gets salary Rs.37,582/- per month after deductions. He also submits that 25% of net salary be fixed as the amount of the maintenance in favour of wife and likewise the amount of maintenance in favour of minor son be also fixed even
though learned trial court has not considered this fact and passed the order in question, therefore, request to increase the amount. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, it appears that the gross salary of opposite party no.2 is Rs.42,463/- per month and after deductions net salary is Rs.37,582/- per month. Rs.70,000-80,000/- per year income has also been stated from the agricultural land. The revisionist/wife is also B.Ed. and M.Ed. degree holder and she cannot be said to be not making any income.
The revisionist is also getting Rs.5000/- per month as interim maintenance in Complaint Case No.235/2019, under Section 18, 19, 20, 21, 22 & 23 of Protection of Women from Domestic Violence Act and Rs.8000/- per month has been fixed in the present case as maintenance in favour of wife and Rs.3000/- per month in favour of minor son. When taken together the amount so fixed by the learned trial court as maintenance for wife and minor son cannot be said to be less than sufficient and disproportionate to the income of the husband but it is sufficient and proportionate. There appears no any illegality and impropriety in the order passed by the learned trial court dated 18.12.2024 but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed.
Order Date :- 29.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad