Smt. Urvarshi Jain v. Abhishek Jain) under Section
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3729 of 2025 Abhishek Jain State of U.P. and Another Versus .....Revisionist(s) .....Opposite Party(s) Counsel for Revisionist(s) Counsel for Opposite Party(s) : Ronak Chaturvedi : G.A., Kumar Dhananjay Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist as well as learned 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 to set aside the judgment and order dated 28.05.2025 passed by the learned Principal Judge, Family Court, Ghaziabad in Criminal Case No.487 of 2021
Legal Reasoning
(Smt. Urvarshi Jain vs. Abhishek Jain) under Section 125 Cr.P.C., Police Station Indirapuram, District Ghaziabad and also prays to stay effect and operation of the order dated 28.05.2025. It is submitted by learned counsel for the revisionist that in this case the opposite party no.2 is wife who is living separate from him without any sufficient cause. The marriage between the parties was performed on 09.11.2019 and just after marriage she started to misbehave with the revisionist and other members of his family. From the month of June, 2020 she left her sasural and went to her maika and since then she is living there without any sufficient reason and filed case u/s 125 Cr.P.C. for maintenance which was decided by the learned trial court by order dated 28.05.2025 fixing the amount of maintenance Rs.20,000/- per month from the date of application. He also submits that the opposite party no.2 is highly qualified lady having M.B.A. degree and she also works with her father in his firm namely Rishabh Jain and Associates and also gets salary. She is efficient in making income and is also able to maintain herself. She did not disclose this fact in her affidavit filed before the learned trial court regarding which he moved an application u/s 340 Cr.P.C. but it was rejected by the learned trial 2 CRLR No. 3729 of 2025 court. He also submits that at the time of marriage the revisionist was working and making income but now he is not working anywhere and is unemployed and is not in a position to make payment of any amount to the opposite party no.2. The learned trial court has fixed the amount of maintenance on the basis of his income of previous years as shown in I.T.R.s but his personal expenses and other liabilities were not taken into consideration by the learned trial court while fixing the amount of maintenance. He lastly submits that the amount of maintenance has been fixed from the date of application whereas it must have been fixed from the date of order and also submits to divide the amount of arrears of maintenance into easy installments. Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid and contended that due to neglect on the part of the revisionist, opposite party no.2 is living separate from him as she was expelled from her sasural on 10.06.2020 as alleged by her that she was subjected to torture and physical harassment. Now she is living in the house of her father and she has no source of income to maintain herself. Though she is M.B.A. degree holder, but from the time of marriage she is not working anywhere and currently she has no source of income. On the other hand, the revisionist did not give any amount to her for her maintenance. The revisionist is able bodied and well qualified person and works as an engineer and makes handsome income per month. The I.T.Rs filed by the revisionist are also on record which show his annual income and when it is divided into months it is about Rs.1 lakh per month. It shows that the revisionist is efficient in working and has sufficient source of income. He is under legal obligation to maintain his wife who is living separate from him due to his neglect. Even if wife makes earning to some extent the husband cannot be absolved from his liability to maintain her. The learned trial court has fixed the amount of maintenance Rs.20,000/- per month that cannot be said to be excessive or more than sufficient according to the status of the revisionist and opposite party no.2. Learned trial court has passed the order in question after taking into consideration all the facts, therefore, there is no illegality in the order. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties and the order dated 28.05.2025 passed by learned trial court, it appears that admittedly both the parties are husband and wife and their marriage was performed on 09.11.2019. From the month 3 CRLR No. 3729 of 2025 June, 2020 opposite party no.2 is living in her maika due to neglect on the part of the revisionist. There is no material on record to show that she is getting any salary by working in the firm of her father i.e. Rishabh Jain & Associates. So far as the income from online class and home coaching is concerned, there is also no any material on record to show that she is making income by online class and coaching. The I.T.R. were also filed by the wife in the year 2020-21 and 2021-22 showing annual income Rs.2,08,710/- and Rs.79,670/-. If this amount is also taken into consideration then it comes to average Rs.10,000/- per month which cannot be said to be sufficient for the maintenance of wife who is highly qualified and also according to the status of the husband and wife. The I.T.Rs relating to the revisionist show his income for the assessment years 2019-20 Rs.10,31,825/-, 2020-21 Rs.12,01,995/-, 2021-22 Rs.11,75,600/- and there are other monetary transactions by his father in his account as he disclosed in his affidavit. This shows that monthly income of the revisionist is about Rs.1 lakh per month. In view of the detail of income of both the parties the amount of Rs.20,000/- per month in favour of wife as maintenance against the revisionist cannot be said to be excessive or more than sufficient according to the status of both the parties. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court, therefore, it does not warrant any interference by this Court. So far as the amount of arrears of maintenance from the date of application to the date of order is concerned, it shall be divided into 10 equal installments to be payble month to month alongwith the current amount of maintenance.
Decision
Accordingly, this criminal revision is disposed of finally. September 25, 2025 Ashok Gupta (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad