Allahabad High Court
Smt. Shakuntla Yadav And Another vs State Of U.P. And Another on 24 March, 2021
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 68
Case :- CRIMINAL REVISION No. - 620 of 2017
Revisionist :- Smt. Shakuntla Yadav And Another
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Ram Kesh,Saroj Kumar Dubey
Counsel for Opposite Party :- G.A.,Santosh Kumar Shukla
Hon'ble Gautam Chowdhary,J.
This criminal revision has been preferred against judgment and order dated 22.11.2016 passed by learned Principal Judge, Family Court, Ghaziabad, in Criminal Misc. Case No. 30/2014, under Section 127 Cr.P.C., (Shakuntala vs. Ramashray Yadav), whereby the amount of maintenance awarded to revisionist No.2 has been enhanced by Rs. 1000/- only.
Heard learned counsel for the revisionists, learned counsel for O.P. No. 2 and learned A.G.A. for the State and perused the record.
It is argued by learned counsel for the revisionists that an application was moved by the revisionists before the Principal Judge, Family Court, under Section 127 Cr.P.C. for enhancement of maintenance for survival, fooding, clothing, education, medical and shelter of the revisionists as per the economic status of the opposite party no.2. Learned Principal Judge enhanced Rs. 1000/- only per month in the maintenance amount awarded to the revisionist No.2 without appreciating the facts and circumstances of this case. It is further argued that the amount which has been presently enhanced is totally unfair which is quite insufficient for survival of the revisionists. The opposite party no.2 was receiving salary of Rs. 36,000/- per month during 2016 which would have now increased. The amount of maintenance has not been enhanced as per the requirement of the revisionists. It is further submitted that for higher studies of revisionist No. 2 and as prices of essential commodities and food articles etc. have been inordinately raised during current years and also the income of O.P. No.2 is increased, at least Rs. 30,000/- is necessary to be awarded in the present circumstances to live a meaningful life and the order dated 22.11.2016 is liable to be set aside.
Learned counsel for O.P. No.2 has submitted that his mother is very old who usually remains ill so expenses have increased on her medical treatment. It is further submitted that revisionist No.1 herself is an enrolled advocate in Delhi Bar Association and she has been practising in Tis Hazari Court, New Delhi, for 12 years. So far as the son i.e. revisionist No. 2 is concerned he has no objection on increasing some amount of maintenance for his higher education.
From perusal of record, it appears that criminal Case No. 276 of 2010 was filed by the revisionists for maintenance under Section 125 Cr.P.C. which was decided in favour of the revisionists granting maintenance of Rs. 4,000/- to the revisionist no.1 and Rs. 2500/- to revisionist No.2 vide order dated 6.3.2012. Subsequently, on application of the revisionists u/s 127 Cr.P.C. for enhancement of amount of maintenance, the amount of maintenance awarded to revisionist No.2 has been enhanced by Rs. 1000/- only, which is being challenged.
Having considered the facts, evidence and circumstances of the case, I am of the view that as far as revisionist No.1 is concerned, she is a practising lawyer in Tis Hazari Court, New Delhi, hence her prayer to enhance her maintenance amount is refused. So far as the revisionist No.2 is concerned, the impugned order should be modified to the extent that the amount of maintenance awarded to the revisionist No.2 would be enhanced from Rs. 3500/- to Rs. 7500/-, in the interest of justice, for his higher education.
Consequently, the criminal revision is partly allowed. The prayer of the revisionist No.1 to enhance the maintenance amount is rejected, however, the revisionist No. 2 shall be paid Rs. 7500/- per month as maintenance from the date of this order.
Office is directed to sent back the record and proceedings to the court concerned along with a copy of this order.
Order Date :- 24.3.2021
Vandana
