Hema Bhadauriya v. State of U.P & Anr.

Heard learned counsel for the parties as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow the revision and set aside the judgment and order dated 04.10.2024 passed by learned Principal Judge, Family Court, Jhansi in Criminal Misc. Case No. 677 of 2023 (Smt. Hema Bhadauriya Vs. Deependra Singh Tomar) under Section 125 Cr.P.C. Police Station Seepri Bazar, District Jhansi. It is submitted by learned counsel for the revisionist that in this case, the revisionist is wife of opposite party no. 2 who is living separate from him due to his neglect. She filed an application under Section 125 Cr.P.C. for maintenance before the learned trial court which was decided vide order dated 04.10.2024 fixing the amount of maintenance Rs. 15,000/- in favour of wife from the date of application. The opposite party no. 2 is Assistant Branch Manager in Bank of Baroda, Barthal in Gujarat and gets gross salary Rs.

81,013 as per salary slip for the November, 2023. On the other hand, the revisionist is an unemployed lady and has no any income. The learned trial court has fixed the amount Rs. 15,000/- per month as maintenance that is less than sufficient and disproportionate to the salary of the husband, therefore, request to enhance the amount and allow the revision. Learned counsel for the opposite party no. 2 as well as learned A.G.A. opposed the prayer as aforesaid and contended that admittedly the opposite party no.2 is husband of the revisionist. She is living apart from him without any reasonable excuse, even though learned trial court has fixed the amount Rs. 15,000/- per month as maintenance which he is paying. Further contended that the opposite party no. 2 gets gross salary Rs. 81,013/- per month and after deduction net salary is Rs. 58,061/- per month out of which he is to maintain his old parents and other members of his family.

The learned trial court has fixed the amount i.e. more than 25% of his net salary and cannot be said to be less than sufficient. The revisionist is well qualified lady and is able to make earning and maintain herself. This revision being devoid of merit is liable to be dismissed. On considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A. perusal of record and order passed by learned trial court, it appears that in the month of November, 2023 the gross salary of the opposite party no. 2 was Rs. 81,013/- per month after deduction net salary is Rs. 51,061/- per month out of which Rs. 15,000/- per month has been fixed as amount of maintenance from the date of application. In view of observation made by The Hon'ble Supreme Court in the case of Rajnesh Versus Neha and Another (2021) 2 Supreme Court Cases 324; Kalyan Dey Chowdhury vs.