Mamta Manchanda Others v. Amit Manchanda) under Section

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 with a prayer to allow the revision and set aside the order dated 12.02.2025 passed by the learned Additional Principal Judge, Family Court, Gautambuddh Nagar, in Case No. 580 of 2021 (Mamta Manchanda & Others Vs. Amit Manchanda) under Section 125 Cr.P.C. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife and opposite party nos. 3 and 4 are minor daughter and son. Opposite party no. 3 has now become major. He further submits that the opposite party no. 2, the wife is living separate from him without any sufficient reason even though the learned trial court has allowed the application under Section 125 Cr.P.C. fixing the amount of maintenance Rs. 14,000/- per month in favour of wife and Rs. 13,000/- per month in favour of each minor child, total Rs. 40,000/- per month. He also submits that in the year 2022 he was working as Area Business Head and in Aadhar Housing Finance Company, Delhi and his annual income was about Rs. 19,73,390/- but later on, due to false complaints of opposite party no. 2 he was expelled from his job and now he is working at Agra in Stuti Medicos and gets salary Rs. 23,000/- per month. Now, he is not able to make payment of Rs. 40,000/- per month as maintenance to his wife and children. He also submits that the opposite party no. 3, the daughter has now become major even though the learned trial court has fixed the amount of maintenance in her favour forever whereas under Section 125 Cr.P.C. children are entitled for maintenance till the age of majority likewise in favour of opposite party no. 4 also. It is also submitted that he purchased the house in Noida and also pays E.M.I. and in the same house the opposite party nos. 2 to 4 are living. In this way, the learned trial court has committed illegality in passing the order dated 12.02.2025, therefore, request to set it aside and allow the revision and also to reduce the amount so fixed by the learned trial court on the basis of his present income. Learned counsel for the opposite party opposed the prayer as aforesaid and contended that in this case the opposite party no. 2 is wedded wife and 3 and 4 are children. Opposite party nos. 3 and 4 are studying in Noida and huge expenses are being borne by the opposite party no. 2 on the education. She also contends that the opposite party no. 3 is studying Law. Anyhow the expenses of education are being borne by the opposite party no. 2 who is unemployed and having no any source of income. The revisionist was working in the aforesaid company and getting yearly income Rs. 19,73,390/- as per I.T.R. filed by him for the assessment year of 2022-2023. For the purpose of avoiding the liability of payment of maintenance to his wife and children he has filed resignation in aforesaid company and said to have joined other service at Agra in Stuti Medicos and gets salary Rs. 23,000/- per month. A person who is highly qualified and M.B.A. degree holder and was working in Delhi and getting salary of Rs. 19,73,390/- per year cannot be said to have resigned from the job and joined a private job paying salary Rs. 23,000/- per month only. The learned trial court has considered all these facts well and passed the order in question dated 12.02.2025. There is no any illegality in the order. 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., the order passed by the learned trial court and perusal of record, it appears that the opposite party no. 2 is living separate from the revisionist, with two children born with the wedlock, due to his neglect and harassment. The flat was purchased by the revisionist himself and E.M.I. were being paid by him. He is highly qualified person having M.B.A. degree and was working in Aadhar Housing Private Company, Delhi as Area Business Head and was getting yearly Rs. 19,73,390/- as per I.T.R. related to the assessment year 2022-2023. Thereafter, he makes statement that he resigned from the aforesaid job and came to Agra where he joined in private medical shop and makes earning of Rs. 23,000/- per month only. This statement of the revisionist is not believable but it seems to be made only to avoid the liability of payment of maintenance to his wife and children. On the other hand, opposite party no. 2, the wife is an unemployed lady and living in Noida with two children. Both the children are getting education and now opposite party no. 3, the daughter has become major and as per statement of the learned counsel for the opposite party she is studying in Law classes, therefore, expenses on the education of children are natural. The papers those were filed by the opposite party regarding fee of the children for the year 2021- 2022 show the amount of Rs. 1,25,592/- and Rs. 1,14,801/- respectively. The learned trial court has fixed the amount of maintenance Rs. 14,000/- per month in favour of wife and Rs. 13,000/- per month for each child. Since the opposite party nos. 3 and 4 were minor children at the time of filing of application and now the opposite party no. 3 have become major, therefore, the liability for making payment of amount of maintenance to opposite party nos. 3 and 4 will be till their age of majority. In this way, there appears no any other illegality and impropriety in fixing the amount of maintenance in favour of opposite parties. So far as the payment of amount of maintenance to opposite party nos. 3 and 4 (daughter and son) is concerned, it will be paid till their attaining of majority. Thus, the criminal revision is disposed of with aforesaid modification. Any amount received by the opposite parties as interim maintenance or maintenance in the present case or in any other case shall be subject to adjustment. Accordingly, this criminal revision is disposed of finally. Order Date :- 10.7.2025 Suraj Srivastav SURAJ SRIVASTAVA High Court of Judicature at Allahabad

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 with a prayer to allow the revision and set aside the order dated 12.02.2025 passed by the learned Additional Principal Judge, Family Court, Gautambuddh Nagar, in Case No. 580 of 2021 (Mamta Manchanda & Others Vs. Amit Manchanda) under Section 125 Cr.P.C. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife and opposite party nos. 3 and 4 are minor daughter and son. Opposite party no. 3 has now become major. He further submits that the opposite party no. 2, the wife is living separate from him without any sufficient reason even though the learned trial court has allowed the application under Section 125 Cr.P.C. fixing the amount of maintenance Rs. 14,000/- per month in favour of wife and Rs. 13,000/- per month in favour of each minor child, total Rs. 40,000/- per month. He also submits that in the year 2022 he was working as Area Business Head and in Aadhar Housing Finance Company, Delhi and his annual income was about Rs. 19,73,390/- but later on, due to false complaints of opposite party no. 2 he was expelled from his job and now he is working at Agra in Stuti Medicos and gets salary Rs. 23,000/- per month. Now, he is not able to make payment of Rs. 40,000/- per month as maintenance to his wife and children. He also submits that the opposite party no. 3, the daughter has now become major even though the learned trial court has fixed the amount of maintenance in her favour forever whereas under Section 125 Cr.P.C. children are entitled for maintenance till the age of majority likewise in favour of opposite party no. 4 also. It is also submitted that he purchased the house in Noida and also pays E.M.I. and in the same house the opposite party nos. 2 to 4 are living. In this way, the learned trial court has committed illegality in passing the order dated 12.02.2025, therefore, request to set it aside and allow the revision and also to reduce the amount so fixed by the learned trial court on the basis of his present income. Learned counsel for the opposite party opposed the prayer as aforesaid and contended that in this case the opposite party no. 2 is wedded wife and 3 and 4 are children. Opposite party nos. 3 and 4 are studying in Noida and huge expenses are being borne by the opposite party no. 2 on the education. She also contends that the opposite party no. 3 is studying Law. Anyhow the expenses of education are being borne by the opposite party no. 2 who is unemployed and having no any source of income. The revisionist was working in the aforesaid company and getting yearly income Rs. 19,73,390/- as per I.T.R. filed by him for the assessment year of 2022-2023. For the purpose of avoiding the liability of payment of maintenance to his wife and children he has filed resignation in aforesaid company and said to have joined other service at Agra in Stuti Medicos and gets salary Rs. 23,000/- per month. A person who is highly qualified and M.B.A. degree holder and was working in Delhi and getting salary of Rs. 19,73,390/- per year cannot be said to have resigned from the job and joined a private job paying salary Rs. 23,000/- per month only. The learned trial court has considered all these facts well and passed the order in question dated 12.02.2025. There is no any illegality in the order. 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., the order passed by the learned trial court and perusal of record, it appears that the opposite party no. 2 is living separate from the revisionist, with two children born with the wedlock, due to his neglect and harassment. The flat was purchased by the revisionist himself and E.M.I. were being paid by him. He is highly qualified person having M.B.A. degree and was working in Aadhar Housing Private Company, Delhi as Area Business Head and was getting yearly Rs. 19,73,390/- as per I.T.R. related to the assessment year 2022-2023. Thereafter, he makes statement that he resigned from the aforesaid job and came to Agra where he joined in private medical shop and makes earning of Rs. 23,000/- per month only. This statement of the revisionist is not believable but it seems to be made only to avoid the liability of payment of maintenance to his wife and children. On the other hand, opposite party no. 2, the wife is an unemployed lady and living in Noida with two children. Both the children are getting education and now opposite party no. 3, the daughter has become major and as per statement of the learned counsel for the opposite party she is studying in Law classes, therefore, expenses on the education of children are natural. The papers those were filed by the opposite party regarding fee of the children for the year 2021- 2022 show the amount of Rs. 1,25,592/- and Rs. 1,14,801/- respectively. The learned trial court has fixed the amount of maintenance Rs. 14,000/- per month in favour of wife and Rs. 13,000/- per month for each child. Since the opposite party nos. 3 and 4 were minor children at the time of filing of application and now the opposite party no. 3 have become major, therefore, the liability for making payment of amount of maintenance to opposite party nos. 3 and 4 will be till their age of majority. In this way, there appears no any other illegality and impropriety in fixing the amount of maintenance in favour of opposite parties. So far as the payment of amount of maintenance to opposite party nos. 3 and 4 (daughter and son) is concerned, it will be paid till their attaining of majority. Thus, the criminal revision is disposed of with aforesaid modification. Any amount received by the opposite parties as interim maintenance or maintenance in the present case or in any other case shall be subject to adjustment. Accordingly, this criminal revision is disposed of finally. Order Date :- 10.7.2025 Suraj Srivastav SURAJ SRIVASTAVA High Court of Judicature at Allahabad