Allahabad High Court
Amerika vs State Of U.P. And Another on 28 August, 2023
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:172773
Court No. - 79
Case :- CRIMINAL REVISION No. - 704 of 2023
Revisionist :- Amerika
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Dewendra Singh
Counsel for Opposite Party :- G.A.,Shiv Shanker Yadav
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Dewendra Singh, learned counsel for the revisionist, learned A.G.A. for the State, Sri Shiv Shanker Yadav, learned counsel appearing for opposite party no.2 and perused the record.
This criminal revision has been filed by the revisionist against the judgment and order dated 23.12.2022 passed by learned Additional Principal Judge, Family Court Ist, Gorakhpur in Case No.120 of 2012 (Arti Devi Vs. Amerika), by which the application filed by opposite party no.2 under Section 125 Cr.P.C. was allowed and the revisionist was directed to pay Rs.3,000/- per month maintenance to opposite party no.2.
It is submitted by learned counsel for the revisionist that revisionist is unemployed having no income and the learned Family Court without recording any finding in respect of income of the revisionist, has awarded a very excessive amount of maintenance. It is further submitted that learned Family Court had also erred in granting maintenance from the date of application i.e. from the year 2012.
On the other hand, learned counsel appearing for opposite party no.2 has submitted that the maintenance awarded by the learned Family Court is in lower side and law has been settled that the opposite party no.2 is entitled to receive maintenance from the date of application.
Admittedly, the opposite party no.2 is legally married wife of revisionist. The revisionist being husband of opposite party no.2 is morally bound to discharge his legal obligation of maintaining his wife in any circumstances. The husband cannot be heard to say that he is not in a position to earn enough to be able to maintain his wife. The Hon'ble Apex Court in the case of Rajnesh Vs. Neha and another reported in (2021) 2 SCC 324 has held that the claimant-wife is entitled for maintenance from the date of application filed under Section 125 Cr.P.C.
Considering the facts and circumstances of the case and keeping in mind the spiraling inflation rate and high cost of living index, the Court is of the view that maintenance at the rate of Rs.3,000/- per month in favour of the wife cannot treated to be on higher side rather it is too meagre.
In view of above, there is no illegality, infirmity or perversity in the impugned order which may warrant any interference by this Court. No ground for interference is made out. The criminal revision filed by husband is liable to be dismissed.
The criminal revision is dismissed, accordingly.
However, it is provided that the entire arrears as up-to-date shall be deposited by the revisionist in nine equal monthly instalments, failing which it is open for the opposite party no.2 to recover the same from the revisionist by making application before the court concerned. The amount, if any, deposited/paid by the revisionist shall be adjusted.
Order Date :- 28.8.2023
Kpy
