SMT. PUSHP LATA BHARTI v. STATE OF U.P. AND ANOTHER
CRLR/3084/2025 · 2025-08-07
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 67685 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 67685 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134460 Court No. - 84 Case :- CRIMINAL REVISION No. - 3084 of 2025 Revisionist :- Smt. Pushp Lata Bharti Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sudhir Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J.
1. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. 2. This criminal revision has been filed with a prayer to allow the revision and set aside the judgment and order dated 21.3.2025 passed by learned Additional Principal Judge, Family Court No.1, Bareilly, in Criminal Misc. Case No.1715 of 2022 (Smt. Pushp Lata Bharti Vs. Sachin Kumar Brij) under Section 125 Cr.P.C., Police Station Izzatnagar, District Bareilly, and further prays to enhance the amount of maintenance considering the income of opposite party no.2. 3. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is husband of the revisionist. He further submits that the revisionist is living apart from him due to neglect of opposite party no.2 and she filed an application under Section 125 Cr.P.C. for maintenance, which was allowed by the learned trial court by order dated 21.3.2025 fixing the amount of Rs.4,000/- per month from the date of application to the payment of instalment of loan and thereafter Rs.8,500/- per month. He also submits that opposite party no.2 is Lekhpal and his gross annual salary is Rs.4,76,752/- and after deduction net salary is Rs. 4,29,434/-. When it is divided into month it becomes Rs. 35,800/-. The learned trial court has deducted the amount of Rs.18,954/- from his net salary that is being paid by him in the head of personal loan taken by him. He also submits that the amount of Rs.4,000/- per month is disproportionate to the income of the husband and also not sufficient for maintenance of wife, therefore, request to increase the amount so fixed by the learned trial court and allow the revision. 4. Learned A.G.A. opposed the prayer as aforesaid. 5.
On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court, the gross salary of the opposite party no.2 and net salary after necessary deductions and the average monthly income that is Rs.35,800/- and the amount of monthly instalment Rs.18,954/- being repaid by him for loan taken for the purpose of marriage of his younger sister on 13.1.2023, the remaining amount is Rs. 16,954/-, out of which learned trial court has fixed the amount of Rs.4,000/- per month in favour of wife that is about 25% of his income. After repayment of loan, the learned trial court has fixed the amount of Rs.8,500/- per month. While fixing the amount of maintenance in favour of wife, the family responsibility of the husband can also not be ignored but they are also to be taken into
consideration, therefore, it cannot be said that the personal loan was taken by the opposite party no.2 for any other purpose but it was for necessary purpose i.e. for marriage of his younger sister. In this way, there appears no any illegality or impropriety in the order passed by the learned court dated 21.3.2025, therefore, it does not require any interference by this Court but this criminal revision being devoid of merit is liable to be dismissed.
6. Accordingly, this criminal revision is, hereby, dismissed, at the admission stage itself.
Order Date :- 8.8.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad