Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:49580 Court No. - 79 Case :- CRIMINAL REVISION No. - 1576 of 2025 Revisionist :- Smt. Priya Tiwari Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. This criminal revision has been filed by the revisionist against the
order dated 20.01.2025 with prayer to allow this revision and enhance the maintenance amount upto the tune of Rs. 40000/- as prayed by the revisionist in the interim maintenance application 144 (2) BNSS in case no. 2584 of 2022 (Smt. Priya Tiwari Vs. Shubham Tiwari). It is submitted by learned counsel for the revisionist that in this case, Rs. 8000/- has been fixed for interim maintenance in favour of wife though the income of the husband is much more. The amount so fixed cannot be said to be in accordance with law in respect of status of the wife. Further submitted that husband is M.B.A. degree holder and amount of Rs. 50,69,219 has been deposited in F.D.R. and in P.P.F. account Rs. 11,66,062/- have already been deposited. In this way, the interest on the aforesaid amount also accrue in favour of the opposite party no. 2 which becomes part of the income. He also works in the shop of his father from where he makes additional income of Rs. 50,000/- to 60,000/- per month. All these facts were not taken into
consideration by the learned trial court while fixing the interim maintenance, therefore, order passed by the learned trial court cannot be said be lawful and proper so requires interference by this Court. Learned A.G.A. opposed the prayer as aforesaid. Considering the submission made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the order passed by the learned trial court, it appears that though the husband/opposite party no. 2 is M.B.A. degree holder and there is deposit in F.D.R. and P.P.F. as aforesaid but there is no any regular income from any service or business. In this way, the amount so fixed by the learned trial court cannot be said to be less than the
standered of the husband and wife. There appears no any illegality or impropriety in passing the order dated 20.01.2025 but this revision, being devoid of merit is liable to be dismissed at the admission stage. Accordingly, the present revision is dismissed.
Order Date :- 7.4.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad