Naresh vs State Of U.P. And 3 Others
2023 Latest Caselaw 25788 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:183428
 
Court No. - 79
 

 
Case :- CRIMINAL REVISION No. - 4139 of 2023
 

 
Revisionist :- Naresh
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Revisionist :- Rajiv Sisodia,Virendra Singh Tomar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.

This criminal revision has been filed by the revisionist against the judgment and order dated 29.4.2023 passed by learned Additional Principal Judge, Family Court, Amroha in Misc. Case No.419 of 2021 (Smt. Savita and others Vs. Naresh) under Section 125 Cr.P.C., by which application filed by opposite party nos.2 to 4 was allowed and the revisionist was directed to pay Rs.2,500/- per month to opposite party no.2, who is wife of revisionist, from the date of application till the date of judgment and thereafter Rs.3,000/- per month similarly Rs.600/- per month each to opposite party nos.3 & 4, who are minor children of revisionist from the date of application till the date of judgment and thereafter Rs.1,000/- per month.

It is submitted by learned counsel for the revisionist that maintenance awarded by learned Family Court in favour of opposite party nos.2 to 4 is on higher side. Learned Family Court without recording any finding in respect of monthly income of the revisionist had awarded a very excessive amount of maintenance in favour of opposite party nos.2 to 4. It is further submitted that learned Family Court without considering the comparative hardship of the revisionist had passed the order of maintenance on higher side.

Admittedly, the opposite party no.2 is legally wedded wife of revisionist and opposite party nos.3 & 4 are minor children of revisionist. The revisionist being husband of opposite party no.2 and father of opposite party nos.3 & 4 is morally bound to discharge his legal obligation of maintaining his wife and minor children 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 and children.

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 and Rs.1,000/- per month in favour of the minor children 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.

Order Date :- 21.9.2023

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