Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 21499 (ALL)

SMT NEELAM KUSHWAHA v. STATE OF U.P. AND ANOTHER

CRLR/804/2025 · 2025-09-21

Subhash Chandra Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 804 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. 1. List has been revised. None appeared for the opposite party No.2 even in revised call. Heard learned counsel for the revisionist and the learned AGA for the State. 2. The present Criminal Revision has been filed against the order dated 20.1.2025 passed by Additional Principal Judge, Family Court, Farrukhabad in Misc. Case No.608/12/2024(Smt. Neelam Kushwaha vs. Nirpdesh Kumar Singh) un der Section 144 of the Bharatiya Nagrik Suraksha Sanhita, 2023, Police Station Kadrigate, District Farrukhabad. 3. It is submitted by learned counsel for the revisionist that marriage of the revisionist and the opposite party no.2 was performed in the year 2001 and out of wedlock, there are two children i.e. one son and one daughter. Now both the children have become major. It is further submitted that the revisionist is living separately from her husband in separate house but no any amount is being given to her for expenses, as she is unable to maintain herself and there is no source of income to her. It is further submitted that on an application for interim maintenance, learned Trial Court has passed order vide order dated 20.1.2025 whereby interim maintenance of Rs.5000/- per month has been granted to the wife whereas the income of husband is Rs.92,000/- per month after deduction as he is teacher in a primary school. The amount of interim maintenance is too meagre in comparison of salary of opposite party No.2, therefore requests to increase the amount. 4. Learned AGA appearing for the State opposed the prayer and contends that opposite party No.2 is a teacher and gets Rs.92,000/- per month after Versus Counsel for Revisionist(s) : Lavkush Kumar Bhatt Counsel for Opposite Party(s) : G.A., Nisha Chouhan, Shailendra Singh Rathore Smt Neelam Kushwaha .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) deduction, out of which he is bearing heavy expenses on education of his son and daughter those are continuing studies in engineering and NEET. The opposite party no.2 has also purchased several policies of insurance in favour of children and major portion of his monthly income is deposited in premium of those policies. In this way, about Rs.9,00,000/- per year is being deposited by him. On the other hand, the revisionist herself is well qualified lady and able to maintain. In this way, learned Trial Court granted Rs.5000/- per month which cannot be said to be meagre or less than sufficient for maintaining herself. 5. Considered the submissions of learned counsel for the revisionist and the learned AGA and perused the order passed by the learned Trial Court dated 20.1.2025. Admittedly, the revisionist and opposite party no.2 are wife and husband and they had two children as aforesaid and both of them are getting higher education on which heavy expenses are being borne by opposite party no.2 himself out of his income i.e. Rs.92,000/- per month as per salary slip of April, 2024. Though the revisionist is well qualified lady, but there is nothing on record to show that she earns income by coaching classes. In view of the income of opposite party no.2 and expenses borne by him on education of children and other deposits of premium in favour of children, he is also liable to maintain his wife. The amount of Rs.5000/- per month as fixed by the Trial Court appears to be insufficient and disproportionate to the income of the husband. Thus, the amount of interim maintenance granted in favour of wife is enhanced from Rs.5000/- per month to Rs.10,000/- per month from the date of application. 6. The criminal revision is partly allowed. September 22, 2025 P.P. CRLR No. 804 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad