CRIMINAL REVISION No. - 6766 of 2024 Bharat Pal State of U.P & Anr. v. Revisionist(s)

Heard Sri A.K. Pandey, learned counsel for the revisionist, Sri Sanjay Kumar Mishra, learned counsel for opposite party no. 2, and the learned A.G.A. for the State.

This criminal revision has been filed by the revisionist praying to set aside the order dated 26-11-2024 passed by the learned Additional Principal Judge, Family Court, Kushinagar at Padrauna, in Maintenance Case No. 610 of 2018 (Smt. Chandrawati Pal vs. Bharat Pal), under Section 125 Cr.P.C., whereby the revisionist has been directed to pay maintenance of Rs. 7,000/- per month to opposite party no. 2 (wife) from the date of the application.

The sole argument advanced by the learned counsel for the revisionist is that the revisionist is a daily wage labourer and does not get regular work. Sometimes he gets work, and at other times he remains unemployed. Hence, the amount of maintenance awarded by the court below is excessive, exorbitant, and not commensurate with the income of the revisionist. It is further submitted that opposite party no. 2 is living separately without any sufficient reason, whereas the revisionist is willing to reside with her.

Learned counsel for opposite party no. 2 as well as the learned A.G.A. opposed the prayer and contended that, considering the present inflation, the amount of Rs. 7,000/- per month cannot be said to be excessive or 2 CRLR No. 6766 of 2024 beyond the capacity of the revisionist. It was further submitted that the revision is devoid of merit and is liable to be dismissed.

Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, and the record of the case including the order of the learned Trial Court, it is an admitted fact that opposite party no. 2 is the legally wedded wife of the revisionist. There is nothing on record to show that opposite party no. 2 has any independent source of income; therefore, she is unable to maintain herself. As far as her separate living is concerned, the Trial Court, has categorically recorded a finding that opposite party no. 2 is living separately for sufficient reasons, as she has been subjected to cruelty by her in-laws, including her husband, on account of additional demand of dowry. The findings recorded by the Trial Court are findings of fact, and this Court, being a revisional court, cannot reappreciate the evidence or substitute its own findings unless the findings recorded by the court below are perverse or contrary to law.

So far as the income of the revisionist is concerned, it is admitted that he is working as a labourer and his income is uncertain. There is no documentary evidence on record regarding his income. However, even if the revisionist is considered to be a labourer, it would be reasonable to assume that he earns Rs. 600/- per day, which amounts to Rs. 18,000/- per month. Keeping in view the law laid down by the Hon’ble Supreme Court in Rajnesh vs. Neha and Another, (2021) 2 SCC 324; Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy, AIR 2017 SC 2383; and Kulbhushan Kumar vs. Raj Kumari, (1970) 3 SCC 129, it has been observed that maintenance may be granted up to the extent of 25% of the husband’s net income. Accordingly, 25% of Rs. 18,000/- comes to Rs. 4,500/- per month.

In view of the above, this Court is of the opinion that the maintenance amount of Rs. 7,000/- per month awarded by the court below is not commensurate with the income of the revisionist. It is true that it is the legal obligation of the husband to maintain his wife, but the amount of maintenance must be reasonable and proportionate to his income. Therefore, the maintenance awarded by the court below appears to be excessive and deserves to be modified. Hence, it is reduced to Rs. 4,500/- 3 CRLR No. 6766 of 2024 per month from Rs. 7,000/- per month, payable from the date of the order.

In case the revisionist has already paid any amount towards maintenance, the same shall be adjusted. If any arrears remain unpaid, the revisionist shall pay the same in ten equal instalments. The first instalment shall fall due on 15th November, 2025, and the remaining nine instalments shall be paid on the fifteenth day of each succeeding calendar month. October 14, 2025 (Madan Pal Singh,J.) PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad