Allahabad High Court
Ravindra Singh @ Ravi vs State Of U.P. And Another on 22 September, 2023
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:184436
Court No. - 79
Case :- CRIMINAL REVISION No. - 4585 of 2022
Revisionist :- Ravindra Singh @ Ravi
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Priyanka Devi,Dev Prakash Sharma
Counsel for Opposite Party :- G.A.,Syed Mohammad Abbas Abdy
Hon'ble Vipin Chandra Dixit,J.
Heard Ms. Priyanka Devi, learned counsel for the revisionist, learned A.G.A. for the State, Mr. S.M.A. Abdy, learned counsel appearing on behalf of opposite party no.2 and perused the record.
This criminal revision has been filed by the revisionist against the judgment and order dated 21.9.2022 passed by learned Principal Judge, Family Court, Mahoba in Case No.33 of 2019 (Smt. Akansha Rajput Vs. Ravindra Singh) under Section 125 Cr.P.C., by which maintenance at the rate of Rs.2,000/- per month has been awarded in favour of the opposite party no.2.
It is submitted by learned counsel for the revisionist that maintenance awarded by learned Family Court in favour of opposite party no.2 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 no.2. 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.
On the other hand, learned counsel appearing on behalf of opposite party no.2 states that a very meagre amount of Rs.2,000/- per month has been awarded in favour of opposite party no.2.
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.
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.2,000/- 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 revisionist shall pay the entire arrears as up-to-date in four equal monthly instalments to the opposite party no.2, failing which it is open to opposite party no.2 to initiate recovery proceedings against the revisionist.
Order Date :- 22.9.2023
Kpy
