Smt. Kanchan vs State Of U.P. And Another
2023 Latest Caselaw 27632 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:194048
 
Court No. - 79
 

 
Case :- CRIMINAL REVISION No. - 3439 of 2023
 

 
Revisionist :- Smt. Kanchan
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Mukesh Joshi
 
Counsel for Opposite Party :- G.A.,Sanjay Kumar Sharma
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Manish Joshi, Advocate holding brief of Sri Mukesh Joshi, learned counsel for revisionist, learned AGA appearing for the State and Sri Sanjay Kumar Sharma, learned counsel appearing for opposite party no.2.

This criminal revision has been filed by the revisionist against the judgment and order dated 9.6.2023 passed by Additional Principal Judge, Family Court, Moradabad in Maintenance (old)/727/2019 (CNR NO.UPMO020030682019) (Smt. Kanchan vs. Yogesh) by which application of revisionist under Section 125 Cr.P.C was partly allowed and opposite party no.2 was directed to pay maintenance of Rs.2000/- per month to his wife-revisionist.

It is submitted by learned counsel for revisionist that the learned Family Court has awarded maintenance on lower side. The income of opposite party no.2 was assessed by learned Family Court as Rs.10,000/--15,000/- per month. Lastly, it is submitted that the revisionist is having no source of income and the maintenance has been awarded without considering the comparative hardship.

On the other hand, learned counsel appearing for opposite party no.2 submitted that the revisionist is student of LL.B. and daughter born out of wedlock is being maintained by opposite party no.2. The maintenance awarded by the Family Court is just and proper.

Admittedly, the revisionist is legally wedded wife of opposite party no. 2. The opposite party no.2 being husband of revisionist is morally bound to discharge his legal obligation of maintaining his wife in any circumstance. The husband cannot be heard to say that he is not in a position to earn enough to be able to maintain his wife. In the present case, as the opposite party no.2 has not frankly disclosed his income, an adverse inference can be drawn against him.

Now it is the settled position of law that when the husband does not disclose to the court the exact amount of his income and when question of maintenance of wife arises, the presumption would be against the husband and the obligation of the husband is on a higher pedestal.

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 of Rs.2,000/- per month in favour of the wife is not enough in comparison to the income of opposite party no.2 and is liable to be enhanced. The Family Court assessed the monthly income of husband-opposite party no.2 as Rs.10,000-15,000/- per month.

In view of above, the revision is allowed. The judgment and order dated 9.6.2023 passed by Additional Principal Judge, Family Court, Moradabad in Maintenance (old)/727 of 2019 is modified and maintenance awarded to wife-revisionist is enhanced from Rs.2000/- to Rs.4,000/- per month from the date of application. The revisionist is entitled to receive maintenance from opposite party no.2 at the rate of Rs.4,000/- per month. The entire arrears at the rate of Rs.4,000/- from the date of application, shall be paid by opposite party no.2 in six monthly installments.

Order Date :- 9.10.2023

P.P.