Arjun Kushwaha Alias Arjun vs State Of U.P. And Another
2023 Latest Caselaw 25561 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:182518
 
Court No. - 79
 

 
Case :- CRIMINAL REVISION No. - 2692 of 2023
 
Revisionist :- Arjun Kushwaha Alias Arjun
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Sushil Kumar
 
Counsel for Opposite Party :- G.A.,Sunil Kumar Kushwaha
 

 
Hon'ble Vipin Chandra Dixit,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the parties and perused the record.

This criminal revision has been filed by the revisionist against the judgment and order dated 11.07.2022, passed by Principal Judge, Family Court, Jalaun at Orai, in Criminal Misc. Case No. 312 of 2020 (Smt. Rajni and another vs. Arjun Kushwaha), under Section 125 Cr.P.C., Police Station Ata, District Jalaun at Orai 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. 2,500/- per month to opposite party no. 2, who is wife of revisionist and Rs. 2,500/- per month to Janhwi, minor daughter of revisionist.

It is submitted by learned counsel for the revisionist that the maintenance awarded by the learned family court is very excessive, without considering the monthly income of the revisionist. It is further submitted that the learned family court without considering the comparative hardship of revisionist has awarded maintenance on higher side. Lastly, it is submitted that the minor daughter of revisionist namely Janhwi had died on 05.08.2022 after the judgment passed by the learned family court.

On the other hand, learned counsel appearing on behalf of opposite party no. 2 has submitted that the maintenance awarded by the court below is in lower side and no interference is required in this case.

Admittedly, the opposite party no.2 is legally wedded 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. In the present case as the revisionist 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 the question of maintenance of wife and children 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 at the rate of Rs. 2,500/- 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. Since, the daughter of revisionist has died, the judgment of learned family court is modified to the extent that revisionist shall pay Rs. 2,500/- per month to opposite party no. 2 regularly along with arrears.

The criminal revision is disposed of, accordingly.

Order Date :- 20.9.2023

sailesh