Smt. Diksha Dhiman and another v. Vivek Kumar Dhiman) under Section

Heard learned counsel for the revisionists as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 01.10.2024 passed by learned Principal Judge, Family Court, Shamli at Kairana in Maintenance Case No.50 of 2023 (Smt. Diksha Dhiman and another vs. Vivek Kumar Dhiman) under Section 125 Cr.P.C. and further directed to the opposite party no.2 to pay the maintenance amounting Rs.50,000/- per month to the wife revisionist and Rs.20,000/- per month to the minor revisionist in place of Rs.4000/-. It is submitted by learned counsel for the revisionists that in this case the revisionist no.1 is wife and revisionist no.2 is minor daughter of opposite party no.2. The marriage between the revisionist no.1 and opposite party no.2 was performed in the year 2017 and out of the wedlock a minor daughter was born. Till the year 2020 they lived together but in the meantime, she was misbehaved and ill-treated by the revisionist that was the reason she was under compulsion to live separate from the revisionist with her minor daughter. The opposite party no.2 did not take care of them and did not provide any amount for their maintenance. It is also submitted that she filed a case u/s 125 Cr.P.C. against the opposite party no.2 for maintenance which was decided by the learned trial court by order dated 01.10.2024 fixing the amount of maintenance Rs.4000/- per month in favour 2 CRLR No. 63 of 2025 of revisionist no.2/minor daughter and rejecting the claim of the revisionist no.1/wife on the ground that she is able to maintain herself by earning Rs.40,000/- per month from teaching. Further submitted that the learned trial court has not taken into consideration the fact that the revisionist no.1 works as teacher on behalf of an N.G.O. and works three or days in a week and gets only Rs.15,000/- per month as she admitted herself before the learned trial court during the course of her examination. The learned trial court has taken into consideration the credited amount in her bank account that was on

22.09.2023, 27.10.2023, 08.11.2023 & 14.12.2023, on that basis the learned trial court has presumed her average income Rs.40,000/- per month. On the other hand, the opposite party no.2/husband works as an engineer and gets Rs.80,000/- per month as salary and this fact has been admitted by opposite party no.2 in his examination-in-chief and also during his cross-examination before the learned trial court. Out of this amount, the learned trial court has fixed the amount of maintenance Rs.4000/- per month only in favour of minor daughter which is meagre and less than sufficient, therefore, request to increase the amount in favour of minor child and also to fix some amount of maintenance in favour of wife also in view of status of both the parties. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that the learned trial court has considered the income of the revisionist no.1 as Rs.40,000/- per month as being teacher that is the reason it has refused to grant any amount of maintenance in favour of wife since she is able to maintain herself and in view of age of minor daughter the amount of Rs.4000/- per month as fixed in favour of child is sufficient for her maintenance. There is no any illegality or impropriety in the order passed by the learned trial court but this revision being devoid of merit is liable to be dismissed. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, perusal of record and the order dated 01.10.2024 passed by the learned trial court, it appears that the revisionist no.1 & 2 are wife and minor daughter of the opposite party no.2. The marriage between the parties was performed in the year 2017. But from the month of June, 2020 she is living separate from him due to his misbehaviour and neglect. Admittedly, she works as teacher on behalf of an N.G.O. for three days per week and gets salary Rs.20,000/- per month though this is temporary in nature. The learned trial court has taken into consideration the amount credited in her bank account on several dates 22.09.2023, 3 CRLR No. 63 of 2025

27.10.2023, 08.11.2023 & 14.12.2023 on which the amount of Rs.56,000/-, Rs.58,000/-, Rs.38,000/- & Rs.46,000/- were deposited through Treasury, Shamli but there is nothing on record to show the purpose of credit of such amounts in her account on the basis of which it cannot be concluded that being teacher she is earning about Rs.40,000/- per month on average. On the other hand, the opposite party no.2 is making income of Rs.80,000/- per month by working as Software Engineer as admitted by himself and the amount of maintenance is to be determined in view of status and educational qualification of both the parties. In considered opinion of this Court, since wife is making earning of Rs.15,000/- per month as admitted by herself, therefore, the amount Rs.5000/- per month is awarded for her maintenance against the opposite party no.2. Likewise, the amount awarded by learned trial court in favour of minor daughter Rs.4000/- per month is also increased to Rs.15,000/- per month in view of the maintenance, educational and medical expenses on the child. Accordingly, this criminal revision is partly allowed with modification that the amount of maintenance Rs.4000/- per month in favour of minor daughter/revisionist no.2 is increased to Rs.15,000/- per month and further maintenance Rs.5000/- per month is granted in favour wife/revisionist no.1 and this amount shall be payable from the date of application. So far as the amount of arrears of maintenance is concerned, it shall be divided into 10 equal installments to be payable month to month alongwith the current amount of maintenance. September 23, 2025 Ashok Gupta (Subhash Chandra Sharma,J.) ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Heard learned counsel for the revisionists as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 01.10.2024 passed by learned Principal Judge, Family Court, Shamli at Kairana in Maintenance Case No.50 of 2023 (Smt. Diksha Dhiman and another vs. Vivek Kumar Dhiman) under Section 125 Cr.P.C. and further directed to the opposite party no.2 to pay the maintenance amounting Rs.50,000/- per month to the wife revisionist and Rs.20,000/- per month to the minor revisionist in place of Rs.4000/-. It is submitted by learned counsel for the revisionists that in this case the revisionist no.1 is wife and revisionist no.2 is minor daughter of opposite party no.2. The marriage between the revisionist no.1 and opposite party no.2 was performed in the year 2017 and out of the wedlock a minor daughter was born. Till the year 2020 they lived together but in the meantime, she was misbehaved and ill-treated by the revisionist that was the reason she was under compulsion to live separate from the revisionist with her minor daughter. The opposite party no.2 did not take care of them and did not provide any amount for their maintenance. It is also submitted that she filed a case u/s 125 Cr.P.C. against the opposite party no.2 for maintenance which was decided by the learned trial court by order dated 01.10.2024 fixing the amount of maintenance Rs.4000/- per month in favour 2 CRLR No. 63 of 2025 of revisionist no.2/minor daughter and rejecting the claim of the revisionist no.1/wife on the ground that she is able to maintain herself by earning Rs.40,000/- per month from teaching. Further submitted that the learned trial court has not taken into consideration the fact that the revisionist no.1 works as teacher on behalf of an N.G.O. and works three or days in a week and gets only Rs.15,000/- per month as she admitted herself before the learned trial court during the course of her examination. The learned trial court has taken into consideration the credited amount in her bank account that was on

22.09.2023, 27.10.2023, 08.11.2023 & 14.12.2023, on that basis the learned trial court has presumed her average income Rs.40,000/- per month. On the other hand, the opposite party no.2/husband works as an engineer and gets Rs.80,000/- per month as salary and this fact has been admitted by opposite party no.2 in his examination-in-chief and also during his cross-examination before the learned trial court. Out of this amount, the learned trial court has fixed the amount of maintenance Rs.4000/- per month only in favour of minor daughter which is meagre and less than sufficient, therefore, request to increase the amount in favour of minor child and also to fix some amount of maintenance in favour of wife also in view of status of both the parties. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that the learned trial court has considered the income of the revisionist no.1 as Rs.40,000/- per month as being teacher that is the reason it has refused to grant any amount of maintenance in favour of wife since she is able to maintain herself and in view of age of minor daughter the amount of Rs.4000/- per month as fixed in favour of child is sufficient for her maintenance. There is no any illegality or impropriety in the order passed by the learned trial court but this revision being devoid of merit is liable to be dismissed. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, perusal of record and the order dated 01.10.2024 passed by the learned trial court, it appears that the revisionist no.1 & 2 are wife and minor daughter of the opposite party no.2. The marriage between the parties was performed in the year 2017. But from the month of June, 2020 she is living separate from him due to his misbehaviour and neglect. Admittedly, she works as teacher on behalf of an N.G.O. for three days per week and gets salary Rs.20,000/- per month though this is temporary in nature. The learned trial court has taken into consideration the amount credited in her bank account on several dates 22.09.2023, 3 CRLR No. 63 of 2025

27.10.2023, 08.11.2023 & 14.12.2023 on which the amount of Rs.56,000/-, Rs.58,000/-, Rs.38,000/- & Rs.46,000/- were deposited through Treasury, Shamli but there is nothing on record to show the purpose of credit of such amounts in her account on the basis of which it cannot be concluded that being teacher she is earning about Rs.40,000/- per month on average. On the other hand, the opposite party no.2 is making income of Rs.80,000/- per month by working as Software Engineer as admitted by himself and the amount of maintenance is to be determined in view of status and educational qualification of both the parties. In considered opinion of this Court, since wife is making earning of Rs.15,000/- per month as admitted by herself, therefore, the amount Rs.5000/- per month is awarded for her maintenance against the opposite party no.2. Likewise, the amount awarded by learned trial court in favour of minor daughter Rs.4000/- per month is also increased to Rs.15,000/- per month in view of the maintenance, educational and medical expenses on the child. Accordingly, this criminal revision is partly allowed with modification that the amount of maintenance Rs.4000/- per month in favour of minor daughter/revisionist no.2 is increased to Rs.15,000/- per month and further maintenance Rs.5000/- per month is granted in favour wife/revisionist no.1 and this amount shall be payable from the date of application. So far as the amount of arrears of maintenance is concerned, it shall be divided into 10 equal installments to be payable month to month alongwith the current amount of maintenance. September 23, 2025 Ashok Gupta (Subhash Chandra Sharma,J.) ASHOK KUMAR GUPTA High Court of Judicature at Allahabad