High Court
Case Details
Neutral Citation No. - 2025:AHC:61528 Court No. - 79 Case :- CRIMINAL REVISION No. - 3590 of 2024
Legal Reasoning
Revisionist :- Avanish Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Mohd. Ashraf Abbasi Counsel for Opposite Party :- G.A.,Sanjay Srivastava Hon'ble Subhash Chandra Sharma,J. Supplementary affidavit filed today by learned counsel for the revisionist is taken on record. Heard learned counsel for the revisionist, learned counsel for the opposite party as well as learned A.G.A. and perused the material on record. This criminal revision has been filed with a prayer to allow the revision and set aside the impugned judgment and order dated 23.05.2024 passed by Additional Principal Judge, Family Court, Room No. 1, Kanpur Nagar, in Case No. 1238 of 2020 under Section 125 of Criminal Procedure Code (Smt. Priya Vs. Avanish Kumar) and further prays to stay the operation of the aforesaid order during the pendency of the instant revision. It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is wife and opposite party no. 3 is minor daughter. The marriage between the revisionist and the opposite party no. 2 is performed in the year 2017. The opposite party no. 2 started misbehaving with the revisionist and willfully living separate from him in her father's house with the minor daughter. The revisionist is always ready to keep her with him but she did not agree to live with him. It is also submitted that there is no reasonable excuse with the wife to live separate from him. He is teacher in primary school and gets a salary Rs. 45,000/- per month out of which Rs. 7,000/- per month to the wife and Rs. 5,000/- per month to the minor daughter has been fixed as maintenance in this case from the date of application. He further submits that in other case under Section 13 of Hindu Marriage Act the revisionist was directed to make payment of maintenance of Rs. 10,000/- per month under Section 24 of the Act, which he is paying continuously. Another case under Section 12 Protection of Women from Domestic Violence Act, 2005 was also filed in which Rs. 6,000/- per month was directed to be given by the revisionist to the wife as maintenance. In this way, the total liabilities come to the extent of Rs. 28,000/- per month and the revisionist has been directed to pay maintenance in three different cases to the wife. He also submits that though the learned trial court by order dated 23.05.2024 directed that if the opposite party is getting maintenance from any other Court in any other case that will be adjusted into the amount as fixed by the Court in the present case but still it has not been adjusted. The learned trial court did not consider all these factors and the liabilities of the husband. The opposite party is also B.S.c. and B.E.d. degree holder and works as teacher and makes earning but this fact has also not been considered by the learned trial court while deciding the amount of maintenance, therefore, request to set aside the order passed by the learned trial court and allow the revision. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that in this case due to neglect on the part of revisionist the opposite party no. 2 is living separate from him in her Maika with minor daughter. She is ready to live with him but he himself is not ready to keep her and for this purpose he filed a petition under Section 13 of Hindu Marriage Act for divorce which shows that he neglects and is not willing to maintain her and the minor child. The revisionist is teacher in primary school and gets Rs. 45,000/- salary per month but the opposite party no. 2 is still unemployed and does not work as teacher in any school though she is B.S.c. and B.E.d. degree holder but is unable to maintain herself and her minor daughter. The learned trial court took into consideration all these facts and circumstances of the case, the income and liabilities of the husband and then passed the order in question and also directed that the amount received by the wife from other Court for maintenance shall be subject to adjustment. In this way, the amount Rs. 7,000/- per month to the wife and Rs. 5,000/- per month to the minor daughter cannot be said to be excessive in view of salary of the revisionist. There is no any illegality or impropriety 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. and perusal of record and the order passed by the learned trial court, it appears that due to neglect of the revisionist the wife and minor daughter is living separate from him in her Maika. Case under Section 13 of Hindu Marriage Act for divorce was also filed on the part of husband that is still pending. The revisionist is a teacher and admittedly he gets Rs. 45,000/- per month as salary but wife/opposite party no. 2 though B.S.c., B.E.d. yet not working anywhere as a teacher and not in a position to earn livelihood and maintain herself and minor daughter, therefore, the revisionist is under legal duty to maintain his wife and minor daughter. The learned trial court has considered well the income of the revisionist and other liabilities and then fixed the amount of Rs. 7,000/- per month to the wife and Rs. 5,000/- to the minor daughter which cannot be said to be in excess and inproportionate. It has also been directed by the learned trial court that the amount of maintenance if being received by the opposite party from any other Court shall be subject to adjustment in the present amount. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court dated 23.05.2024, therefore, it does not require any interference by this Court. So far as the submission of learned counsel for the revisionist is concerned, that amount of maintenance being given in other cases is not being adjusted by the learned trial court, he is directed to move an application in this regard before the learned trial court on which it will pass appropriate order in accordance with law and then the amount of arrears of maintenance from the date of application to the date of order shall be divided into twelve equal installments payable with the current amount of maintenance per month.
Decision
Accordingly, this revision is disposed of finally. Order Date :- 23.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad