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2025 DAILYLAW 55226 (ALL)

URMILA DEVI v. State of U.P. AND ANOTHER

CRLR/2112/2024 · 2025-04-28

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66593 Court No. - 79 Case :- CRIMINAL REVISION No. - 2112 of 2024 Revisionist :- Urmila Devi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Aryavart Prasad Srivastava Counsel for Opposite Party :- G.A.,Sheo Prasad Yadav Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist, learned counsel for the opposite party as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed by the revisionist with a prayer to allow the instant criminal revision and modify the impugned judgment and order dated 20.02.2024 passed by learned Additional Principal Judge, Family Court-I, Jaunpur in Case No. 1710 of 2021 (CNR No. U.P.J.P. 020029212021), (Urmila Devi Vs. Om Prakash) under Section 127 Cr.P.C. Police Station Badalapur, District Jaunpur by enhancing the maintenance amount to the tune of Rs. 15,000/- per month as claimed by revisionist in her application u/s 127 Cr.P.C. It is submitted by learned counsel for the revisionist that she is wife of opposite party no. 2, husband who is retired teacher. Due to neglect she is living separate from him in her Maika. An application under Section 125 Cr.P.C. was filed and allowed Rs. 500/- were fixed as interim maintenance, thereafter it was enhanced to the extent of Rs. 2,500/- per month. Subsequently, she moved an application under Section 127 Cr.P.C. for enhancement of the amount that was allowed by the learned trial court by order dated 20.02.2024 and the amount of maintenance has been fixed as Rs. 4,500/- whereas the amount of monthly pension of the opposite party no. 2 is Rs. 34,107/- therefore request to increase the amount as fixed by the learned trial court. Learned counsel for the opposite party has opposed the prayer as aforesaid and contended that in this case the revisionist is aged about 70 years and is suffering from old age infirmities. He also submits that he has liability to maintain his old mother on the other hand the revisionist is living alone and there is no liability on her. The amount fixed by the learned trial court is sufficient for maintenance of the revisionist. 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. and perusal of record, the order passed by the learned trial court dated 20.02.2024, the income of the revisionist from his monthly pension and his liabilities, it is just and proper to increase the amount of maintenance from Rs. 4,500/- to Rs. 8,000/- per month. Accordingly, this criminal revision is partly allowed and the amount of maintenance is increased from Rs. 4,500/- per month to Rs. 8,000/- per month. Order Date :- 29.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad