Smt. Darshana Devi vs State Of U.P. And Anr.
2022 Latest Caselaw 2543 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL REVISION No. - 1362 of 2018
 

 
Revisionist :- Smt. Darshana Devi
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Revisionist :- Nripendra Mishra,Shesh Ram Yadav
 
Counsel for Opposite Party :- Govt. Advocate,Om Prakash Yadav
 

 
Hon'ble Brij Raj Singh,J.

Case called out in revise. None appeared for the opposite party No. 2.

Heard Sri Nripendra Mishra, counsel for the revisionist, Sri Suresh Kumar Tiwari, the learned A.G.A. for the State and perused the record.

The instant revision has been preferred with a prayer to allow it and modify the impugned judgment and order dated 11.10.2018 passed by the Family Court Judge/F.T.C. Second, Faizabad in Case No. 65 of 2014 (Smt. Darshana Devi Vs. Baburam Yadav), under Section 125 Cr.P.C., enhancing the maintenance awarded to the revisionist to the tune of half of the salary of the opposite party No. 2.

Counsel for the revisionist submitted that before the court below, the revisionist produced salary slip of the opposite party No. 2 but while deciding the quantum of maintenance, the court below determined maintenance, which does not commensurate with the income of the husband. The submission finds force that the court below while deciding the issue No. 4, recorded finding that the salary of the opposite party No. 2 was Rs.12,674/- per month. It has come on record that the salary of the opposite party No. 2 was Rs.12,674/- per month but the court below awarded only Rs.2,000/- per month as maintenance.

In my opinion, even if, the maintenance is calculated treating the salary of the opposite party No. 2 Rs.12,674/- per month, it would have been appropriate to award Rs.3,200/- per month as maintenance.

It is also relevant to note here that the order has been passed prospectively with effect from the date of order i.e. 11.10.2018, whereas the Supreme Court in Rajnesh Vs. Neha and Another [(2021) 2 SCC 324] has propounded law regarding the maintenance that it should be awarded from the date of application.

In view of the aforesaid discussions, the judgment and order dated 11.10.2018 passed by the court below is modified to the extent that the opposite party No. 2 will pay Rs. 3,200/- per month as maintenance w.e.f. 04.03.2014 i.e. from the date of application.

The revision is partly allowed.

Order Date :- 11.5.2022

Arun K. Singh