Cr.P.C. (Smt. Indresh v. Ravindra Kumar) whereby learned court below enhanced the amount of maintenance of

Revisionist :- Smt. Indresh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rama Shankar Tiwari,Vishwanath Pandey Counsel for Opposite Party :- G.A.,Santosh Singh Hon'ble Ram Manohar Narayan Mishra,J. Both criminal revisions are arising out of same judgement and order and therefore, these are being disposed of by a common order. This criminal revision has been filed on behalf of revisionist Ravindra Kumar against the judgement and order dated 13.9.2023 passed by Additional Principal Judge-III, family court, Ghaziabad in case no. 58 of 2015, arising out of case no. 3 of 2007, under section 127(3) Cr.P.C. (Smt. Indresh vs. Ravindra Kumar) whereby learned court below enhanced the amount of maintenance of Rs. 4,000/- per month from 15.3.2015 to 15.3.2018, Rs. 6,000/- per month from 15.3.2018 to 15.3.2021 and Rs. 10,000/- per month after 15.3.2021 onward and also directed that the amount of arrear will be paid in 03 equal installment. None appeared on behalf of respondent no. 2 in revised call. Pleadings have been exchanged between the parties. Heard learned counsel for the revisionist and learned AGA for the State. Learned counsel for the revisionist submitted that this is admitted fact that the marriage of revisionist was performed with the respondent no. 2 on 20.4.2003 according to Hindu rites and rituals; the applicant Smt. Indresh had filed application under section 125 Cr.P.C. before the court below, which was decided on 3.9.2007 and a sum of Rs. 3,000/- was awarded as maintenance to the applicant; the revisionist had filed Crl. Misc. Writ Petition no. 9005 of 2008 against the said maintenance order, this Court passed an order dated 24.6.2008 whereby amount of maintenance was reduced from Rs. 3,000/- to Rs. 1500/- per month; the applicant filed an application registered as maintenance case no. 58 of 2015 under section 127(3) Cr.P.C. for enhancement of maintenance awarded by the court below in initial proceeding under section 125 Cr.P.C.; learned court below allowed the application by order dated 13.9.2023 and enhanced and modified the maintenance awarded by order dated 3.9.2007 and directed for grant of maintenance to the applicant Rs. 4,000/- per month from 15.3.2015 to 15.3.2018, Rs. 6,000/- per month from 15.3.2018 to 15.3.2021 and Rs. 10,000/- per month after 15.3.2021 onward. The Crl. Misc. Writ Petition no. 9005 of 2008 was finally decided by this Court on 22.10.2018 and impugned maintenance order dated 3.9.2007 was upheld. Learned counsel submitted that the applicant has concealed this fact in application under section 127(3) Cr.P.C. that the revisionist has already been paying maintenance to the applicant @ Rs. 6,000/- per month and Rs. 2,000/- per month as house rent to the applicant in compliance of order dated 17.5.2010 passed in proceeding under section 12 of Domestic Violence Act; the revisionist has also been paying maintenance to the applicant @ Rs. 3,000/- per month pursuant to initial order dated 3.9.2007. He next submitted that the court below has assessed monthly gross salary of the revisionist as Rs. 66,572/- and net salary as Rs. 60,000/- after deduction. He works as inspector in department of income tax; the revisionist is not in position to pay maintenance to the applicant as awarded in the impugned order dated 13.9.2023 as well as amount for monetary relief granted to the applicant in proceeding under section 12 of the Act; the orders passed in both cases casts heavy monthly financial burden on the revisionist, which, he is not in position to discharge; the amount awarded in proceeding under section 12 of the Act and a sum of Rs. 3,000/- per month granted as maintenance to the applicant in initial order on application under section 125 Cr.P.C. has been deducted from salary of revisionist; learned court below has ignored the material on record and has failed to consider the amount awarded against the revisionist in proceeding under the Domestic Violence Act, therefore, the impugned order is liable to be set aside. Per contra, learned AGA submitted that the revisionist is posted as Income Tax Inspector and his salary has been calculated by the court below in the impugned order as Rs. 60,000/- and maintenance awarded in the impugned order is in consonance with the salaried income of the revisionist and the same is not required to be interfered in present revision. From perusal of material on record it appears that the revisionist has filed a divorce petition before the family court, Karkarduma, Delhi against the respondent no. 2/ original applicant under section 13(1) of Hindu Marriage Act on the ground of practicing mental and physical cruelty; divorce petition was decreed against the respondent no. 2 by order dated 12.11.2024. A perusal of application under section 127 Cr.P.C. filed by the respondent no. 2 reveals that in said application, applicant Smt. Indresh has not disclosed the fact that she has been receiving maintenance pursuant to order passed by learned Magistrate in proceeding under section 12 of Domestic Violence Act; she has only shown earlier proceeding under section 125 Cr.P.C. and order passed therein in said application; this fact is established from the material on record that the applicant was awarded Rs. 6,000/- as maintenance on monthly basis and Rs. 2,000/- as house rent in proceeding under section 12 of the Act; the applicant Smt. Indresh filed application under section 9 of Hindu Marriage Act for restitution of conjugal rights before the court of Additional Civil Judge (SD) Ghaziabad which was dismissed by the court of first instance by order dated 4.2.2009; the applicant had filed civil appeal no. 25 of 2009 before the court of District Judge, Ghaziabad which was allowed by order dated 10.7.2017; the present revisionist has filed an appeal against the appellate judgement before this Court which is still pending as per statement of learned counsel for the revisionist. Considering the rival submissions of learned counsel for the parties and after going through the material available on record this Court is of considered opinion that the impugned order dated 13.9.2023 whereby maintenance awarded earlier has been substantially enhanced, deserves some modification keeping in view the fact that the revisionist has already been paying Rs. 6,000/- as maintenance to the applicant and Rs. 2,000/- as house rent pursuant to order passed in proceeding under the Domestic Violence Act, it is directed that the revisionist will pay a sum of Rs. 4,000/- per month from 15.3.2015 to 15.3.2018 and Rs. 5,000/- per month from 15.3.2018 to 15.3.2021 and Rs. 8,000/- per month from 15.3.2021 onward. The amount of arrear will be paid in 06 equal monthly installments. The impugned order stands modified accordingly. The criminal revision filed on behalf of revisionist Ravindra Kumar is partly allowed. Another criminal revision has been filed on behalf of revisionist Smt. Indresh against the judgement and order dated 13.9.2023 passed by Additional Principal Judge-III, family court, Ghaziabad in case no. 58 of 2015 (Smt. Indresh vs. Ravindra Kumar) under section 127 Cr.P.C. with prayer to enhance the amount of maintenance awarded in the impugned order dated 13.9.2023. Learned counsel for the revisionist is not present even in revised call. Heard learned counsel for respondent no. 2 and learned AGA for the State. Learned counsel for the respondent no. 2 submitted that revisionist was married with respondent no. 2 on 20.4.2003; she was subjected to mental and physical cruelty in her matrimonial home by her husband and in-laws; she has filed an application under section 125 Cr.P.C. seeking maintenance from her husband in the year 2007 wherein learned court below has awarded Rs. 3,000/- per month as maintenance to the applicant; the applicant had filed an application under section 127 Cr.P.C. for enhancement of maintenance awarded under section 125 Cr.P.C. which was allowed by Additional Principal Judge, Ghaziabad by order dated 17.2.2018 and maintenance was enhanced @ Rs. 15,000/- per month; the opposite party assailed that order before this Court and said order was set aside and the matter was remitted to the court below for decision afresh; the learned court below has passed the impugned order dated 13.9.2023 without considering the evidence and material available on record; the revisionist has prayed for Rs. 30,000/- per month as maintenance instead of Rs. 10,000/- per month as awarded in the impugned order; the opposite party is able to provide maintenance to the revisionist as his monthly earning is more than 60,000/- per month. Learned AGA submitted that even if there is decree of divorce, the wife is entitled to seek maintenance when she gets remarried. Considering the submissions of learned counsel for respondent no. 2 and learned AGA and on perusal of material on record, I find that the respondent no. 2 has already been paying maintenance as awarded in earlier order under section 125 Cr.P.C. subject to modification by order of this Court and Rs. 6,000/- as monthly maintenance and Rs. 2,000/- as monthly house rent have also been awarded to the applicant/ revisionist in proceeding under section 12 of Domestic Violence Act; the claim of enhancement of maintenance awarded in the impugned order dated 13.9.2023 is not well founded and the same is liable to be rejected. The criminal revision filed on behalf of revisionist, Smt. Indresh, is dismissed, accordingly. Order Date :- 14.2.2025 Dhirendra/ DHIRENDRA KUMAR High Court of Judicature at Allahabad

Revisionist :- Smt. Indresh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rama Shankar Tiwari,Vishwanath Pandey Counsel for Opposite Party :- G.A.,Santosh Singh Hon'ble Ram Manohar Narayan Mishra,J. Both criminal revisions are arising out of same judgement and order and therefore, these are being disposed of by a common order. This criminal revision has been filed on behalf of revisionist Ravindra Kumar against the judgement and order dated 13.9.2023 passed by Additional Principal Judge-III, family court, Ghaziabad in case no. 58 of 2015, arising out of case no. 3 of 2007, under section 127(3) Cr.P.C. (Smt. Indresh vs. Ravindra Kumar) whereby learned court below enhanced the amount of maintenance of Rs. 4,000/- per month from 15.3.2015 to 15.3.2018, Rs. 6,000/- per month from 15.3.2018 to 15.3.2021 and Rs. 10,000/- per month after 15.3.2021 onward and also directed that the amount of arrear will be paid in 03 equal installment. None appeared on behalf of respondent no. 2 in revised call. Pleadings have been exchanged between the parties. Heard learned counsel for the revisionist and learned AGA for the State. Learned counsel for the revisionist submitted that this is admitted fact that the marriage of revisionist was performed with the respondent no. 2 on 20.4.2003 according to Hindu rites and rituals; the applicant Smt. Indresh had filed application under section 125 Cr.P.C. before the court below, which was decided on 3.9.2007 and a sum of Rs. 3,000/- was awarded as maintenance to the applicant; the revisionist had filed Crl. Misc. Writ Petition no. 9005 of 2008 against the said maintenance order, this Court passed an order dated 24.6.2008 whereby amount of maintenance was reduced from Rs. 3,000/- to Rs. 1500/- per month; the applicant filed an application registered as maintenance case no. 58 of 2015 under section 127(3) Cr.P.C. for enhancement of maintenance awarded by the court below in initial proceeding under section 125 Cr.P.C.; learned court below allowed the application by order dated 13.9.2023 and enhanced and modified the maintenance awarded by order dated 3.9.2007 and directed for grant of maintenance to the applicant Rs. 4,000/- per month from 15.3.2015 to 15.3.2018, Rs. 6,000/- per month from 15.3.2018 to 15.3.2021 and Rs. 10,000/- per month after 15.3.2021 onward. The Crl. Misc. Writ Petition no. 9005 of 2008 was finally decided by this Court on 22.10.2018 and impugned maintenance order dated 3.9.2007 was upheld. Learned counsel submitted that the applicant has concealed this fact in application under section 127(3) Cr.P.C. that the revisionist has already been paying maintenance to the applicant @ Rs. 6,000/- per month and Rs. 2,000/- per month as house rent to the applicant in compliance of order dated 17.5.2010 passed in proceeding under section 12 of Domestic Violence Act; the revisionist has also been paying maintenance to the applicant @ Rs. 3,000/- per month pursuant to initial order dated 3.9.2007. He next submitted that the court below has assessed monthly gross salary of the revisionist as Rs. 66,572/- and net salary as Rs. 60,000/- after deduction. He works as inspector in department of income tax; the revisionist is not in position to pay maintenance to the applicant as awarded in the impugned order dated 13.9.2023 as well as amount for monetary relief granted to the applicant in proceeding under section 12 of the Act; the orders passed in both cases casts heavy monthly financial burden on the revisionist, which, he is not in position to discharge; the amount awarded in proceeding under section 12 of the Act and a sum of Rs. 3,000/- per month granted as maintenance to the applicant in initial order on application under section 125 Cr.P.C. has been deducted from salary of revisionist; learned court below has ignored the material on record and has failed to consider the amount awarded against the revisionist in proceeding under the Domestic Violence Act, therefore, the impugned order is liable to be set aside. Per contra, learned AGA submitted that the revisionist is posted as Income Tax Inspector and his salary has been calculated by the court below in the impugned order as Rs. 60,000/- and maintenance awarded in the impugned order is in consonance with the salaried income of the revisionist and the same is not required to be interfered in present revision. From perusal of material on record it appears that the revisionist has filed a divorce petition before the family court, Karkarduma, Delhi against the respondent no. 2/ original applicant under section 13(1) of Hindu Marriage Act on the ground of practicing mental and physical cruelty; divorce petition was decreed against the respondent no. 2 by order dated 12.11.2024. A perusal of application under section 127 Cr.P.C. filed by the respondent no. 2 reveals that in said application, applicant Smt. Indresh has not disclosed the fact that she has been receiving maintenance pursuant to order passed by learned Magistrate in proceeding under section 12 of Domestic Violence Act; she has only shown earlier proceeding under section 125 Cr.P.C. and order passed therein in said application; this fact is established from the material on record that the applicant was awarded Rs. 6,000/- as maintenance on monthly basis and Rs. 2,000/- as house rent in proceeding under section 12 of the Act; the applicant Smt. Indresh filed application under section 9 of Hindu Marriage Act for restitution of conjugal rights before the court of Additional Civil Judge (SD) Ghaziabad which was dismissed by the court of first instance by order dated 4.2.2009; the applicant had filed civil appeal no. 25 of 2009 before the court of District Judge, Ghaziabad which was allowed by order dated 10.7.2017; the present revisionist has filed an appeal against the appellate judgement before this Court which is still pending as per statement of learned counsel for the revisionist. Considering the rival submissions of learned counsel for the parties and after going through the material available on record this Court is of considered opinion that the impugned order dated 13.9.2023 whereby maintenance awarded earlier has been substantially enhanced, deserves some modification keeping in view the fact that the revisionist has already been paying Rs. 6,000/- as maintenance to the applicant and Rs. 2,000/- as house rent pursuant to order passed in proceeding under the Domestic Violence Act, it is directed that the revisionist will pay a sum of Rs. 4,000/- per month from 15.3.2015 to 15.3.2018 and Rs. 5,000/- per month from 15.3.2018 to 15.3.2021 and Rs. 8,000/- per month from 15.3.2021 onward. The amount of arrear will be paid in 06 equal monthly installments. The impugned order stands modified accordingly. The criminal revision filed on behalf of revisionist Ravindra Kumar is partly allowed. Another criminal revision has been filed on behalf of revisionist Smt. Indresh against the judgement and order dated 13.9.2023 passed by Additional Principal Judge-III, family court, Ghaziabad in case no. 58 of 2015 (Smt. Indresh vs. Ravindra Kumar) under section 127 Cr.P.C. with prayer to enhance the amount of maintenance awarded in the impugned order dated 13.9.2023. Learned counsel for the revisionist is not present even in revised call. Heard learned counsel for respondent no. 2 and learned AGA for the State. Learned counsel for the respondent no. 2 submitted that revisionist was married with respondent no. 2 on 20.4.2003; she was subjected to mental and physical cruelty in her matrimonial home by her husband and in-laws; she has filed an application under section 125 Cr.P.C. seeking maintenance from her husband in the year 2007 wherein learned court below has awarded Rs. 3,000/- per month as maintenance to the applicant; the applicant had filed an application under section 127 Cr.P.C. for enhancement of maintenance awarded under section 125 Cr.P.C. which was allowed by Additional Principal Judge, Ghaziabad by order dated 17.2.2018 and maintenance was enhanced @ Rs. 15,000/- per month; the opposite party assailed that order before this Court and said order was set aside and the matter was remitted to the court below for decision afresh; the learned court below has passed the impugned order dated 13.9.2023 without considering the evidence and material available on record; the revisionist has prayed for Rs. 30,000/- per month as maintenance instead of Rs. 10,000/- per month as awarded in the impugned order; the opposite party is able to provide maintenance to the revisionist as his monthly earning is more than 60,000/- per month. Learned AGA submitted that even if there is decree of divorce, the wife is entitled to seek maintenance when she gets remarried. Considering the submissions of learned counsel for respondent no. 2 and learned AGA and on perusal of material on record, I find that the respondent no. 2 has already been paying maintenance as awarded in earlier order under section 125 Cr.P.C. subject to modification by order of this Court and Rs. 6,000/- as monthly maintenance and Rs. 2,000/- as monthly house rent have also been awarded to the applicant/ revisionist in proceeding under section 12 of Domestic Violence Act; the claim of enhancement of maintenance awarded in the impugned order dated 13.9.2023 is not well founded and the same is liable to be rejected. The criminal revision filed on behalf of revisionist, Smt. Indresh, is dismissed, accordingly. Order Date :- 14.2.2025 Dhirendra/ DHIRENDRA KUMAR High Court of Judicature at Allahabad