Allahabad High Court
Smt. Renu Franklin And Another vs State Of U.P. And Another on 26 August, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 49
Case :- CRIMINAL REVISION No. - 4478 of 2015
Revisionist :- Smt. Renu Franklin And Another
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Mohammad Sadab Khan
Counsel for Opposite Party :- G.A.,Deepak Kumar
Hon'ble Vivek Agarwal,J.
1. Heard Sri Mohammad Sadab Khan, learned counsel for the revisionists and Sri Deepak Kumar Agarwal, learned counsel for the respondent no.2.
2. This Criminal Revision has been filed seeking quashing of the judgment and order dated 10.11.2015 passed by the learned Principal Judge, Family Court, Kanpur Nagar in Case No.161 of 2013, under Section 127 Cr.P.C., Police Station-Cantt, District-Kanpur Nagar.
3. Sri Deepak Agarwal, learned counsel for the respondent no.2 submits that as far as revisionist no.2-Shaan Franklin is concerned, he has attained age of majority and, therefore, as on today, nothing is payable to the revisionist no.2.
4. However, it is admitted that on 10.11.2015, revisionist no.2 was a minor.
5. Sri Mohd. Sadab Khan, counsel for the revisionists submits that as per the salary slip enclosed along with this criminal revision showing that respondent no.2-Percy Franklin is an employee of Christ Church College, Bada Chauraha, Kanpur and was drawing salary to the tune of Rs.31,198/-(thirty one thousand and one hundred ninety eight), out of which after deductions towards GPF, LIP and Income Tax, his net salary was to the tune of Rs.25,877/-(twenty five thousand and eight hundred seventy seven), yet ignoring this salary slip, learned court below has enhanced maintenance amount to Rs.3500/- only in favour of the revisionist no.1 and Rs.1500/- per month in favour of respondent no.2.
6. It is submitted that this is grossly inadequate and at least 25% to 30% of the net income should have been awarded as maintenance, even if, it is presumed that there are four units, inasmuch as, it has come on record that father of the respondent no.2 died in 2011.
7. After taking into consideration the salary slip, which is on record and which is not disputed and which gives a fair idea of net emoluments drawn by the respondent no.2, it will be in the fitness of thing, if the amount of maintenance is fixed at Rs.5000/- in place of Rs.3500/- from the date of the order i.e. 10.11.2015 passed by learned Principal Judge, Family Court, Kanpur Nagar in Case No.161 of 2013 for revisionist no.1, and similarly amount of maintenance is enhanced from Rs.1500/- to Rs.2500/- for revisionist no.2.
8. As far as revisionist no.2 is concerned, his date of birth has been mentioned as 20.10.2002, therefore, he will be entitled to enhanced amount only upto 19.10.2020.
9. Let arrears of enhanced amount be paid within three months.
10. In above terms, Criminal Revision Allowed/disposed off.
Order Date :- 26.8.2021
Ashutosh
