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2025 DAILYLAW 32279 (ALL)

SMT VIMAL v. State of UP AND ANOTHER

CRLR/1079/2024 · 2025-01-02

Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:1640 Court No. - 80 Case :- CRIMINAL REVISION No. - 1079 of 2024 Revisionist :- Smt Vimal Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pavan Kumar Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the revisionist, learned A.G.A. for the State-respondent and perused the material available on record. Notice has been served on opposite party No.2 but he has not been represented by any counsel as yet. The instant criminal revision has been preferred by the revisionist against the impugned judgement and order dated 5.1.2024, passed by learned Principal Judge, Family Court, Bijnor, in Criminal Misc. Case No.533 of 2017 (Smt. Vimal vs. Ajayveer Singh), under Section 125 Cr.P.C., Police Station Nagina Dehat, District Bijnor. By the impugned order, learned court below has awarded maintenance to the applicant Smt. Vimal at the rate of Rs.12,000/- per month from the date of filing of application dated 28.8.2017, which is payable on 10th of each calendar month. The opposite party is also directed to pay the arrears of maintenance within two months and any amount obtained by the applicant will be liable to be adjustment towards maintenance awarded in impugned order. Learned counsel for the revisionist submitted that the opposite party No.2 is a Lekhpal in Consolidation Department. He draws sufficient salaried income but the learned court below has awarded only Rs.12000/- per month as maintenance to the revisionist. She has to take care of her two major children also. She being victim of high handedness meeted out to her by her husband, took shelter at her parental home alongwith her three offsprings. She has no independent source of income. The amount of maintenance awarded to her in impugned order is not sufficient to mete out her economic needs and the same may be enhanced to the tune of Rs.25,000/- per month. He next submitted that the marriage of the revisionist and opposite party no.2 was solemnized on 8.5.1997 according to the Hindu rites and rituals and the revisionist used to perform her matrimonial obligations thereafter. The revisionist has filed salary certificate of opposite party No.2, which reveals that his monthly salary is Rs.49420/- per month. The learned court below has placed reliance on expenses and deductions shown by the opposite party in maintenance proceeding and on that basis has derived wrong conclusion that the revisionist has to pay a huge chunk of his salary towards various expenses. He further submitted that the court below has given a finding that the revisionist is not having any independent source of income and she is not able to maintain herself. The opposite party is also possessed of a huge chunk of agricultural land from which he derives around Rs.5 lacs per year income. Per contra, learned AGA submits that there is no infirmity, irregularity or perversity in the impugned order passed by the court below. Considering the submissions of learned counsel for the parties and on perusing the material placed on record, I am of the opinion that the amount of maintenance awarded in impugned order deserves to be enhanced to some extent from the of impugned judgement. This fact is noticeable that the revisionist is living separately from her husband alongwith her three offsprings. The impugned judgement and order is modified to this extent that the amount of Rs.12,000/- awarded from the date of filing of application to date of judgement is confirmed but the opposite party No.2 will provide Rs.15,000/- per month as maintenance to the revisionist from the date of judgement onwards. Accordingly, present revision stands partly allowed. Order Date :- 3.1.2025 Kamarjahan/Ashish Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad