Shri Sadanand Pandey vs State Of U.P. And Another
2024 Latest Caselaw 36384 ALL

Allahabad High Court

Shri Sadanand Pandey vs State Of U.P. And Another on 6 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:174201
 
Court No. - 87
 

 
Case :- CRIMINAL REVISION No. - 18 of 2023
 

 
Revisionist :- Shri Sadanand Pandey
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Sunil Kumar Srivastava
 
Counsel for Opposite Party :- G.A.,Vishal Pandey,Vivek Kumar Srivastava
 

 
Hon'ble Manjive Shukla,J.
 

1. Heard Sri Sunil Kumar Srivastava, learned counsel appearing for the revisionist, learned A.G.A. for the State and Sri Vivek Kumar Srivastava, learned counsel appearing for Opposite Party No. 2.

2. The instant revision has been filed by the revisionist, challenging therein the judgment and order dated 10.11.2022 passed by the Additional Principal Judge, Family Court, Court No.2, Gorakhpur in Criminal Misc. Case No. 379 of 2015 (Dileshwari Mishra Vs. Sadanand Pandey) whereby, in exercise of power under Section 125 Cr.P.C., maintenance of Rs. 10,000/- per month had been awarded in favour of Opposite Party No. 2.

3. It has been contended on behalf of the revisionist that the Additional Principal Judge, Family Court, Court No.2, Gorakhpur, without determining monthly income of the revisionist had awarded maintenance of Rs. 10,000/- per month in favour of Opposite Party No. 2 vide impugned order dated 10.11.2022. It has further been contended that unless monthly income of the husband is determined, the trial court cannot proceed to award maintenance in favour of the husband.

4. Learned counsel appearing for the revisionist has vehemently argued that the Additional Principal Judge, Family Court, Court No. 2, Gorakhpur in its order dated 10.11.2022 has referred the 'Khatauni' of the land owned by the revisionist, which was filed in the matter but on that basis there is no determination regarding monthly income of the revisionist, and as such the impugned order dated 10.11.2022 cannot sustain in the eyes of law.

5. It has further been argued that Opposite Party No. 2 is deliberately avoiding to live with the revisionist and by leveling absolutely false allegations against him, had left his house therefore, she is not entitled for payment of maintenance under Section 125 Cr.P.C.

6. Learned counsel appearing for the revisionist has relied on the judgment of Madhya Pradesh High Court (Indore Bench) in Criminal Revision No. 6171 of 2018 (Aarif Vs. Shajida) and thereby has argued that in the said judgment it had been held that unless monthly income of the husband is determined, the court cannot award maintenance under Section 125 Cr.P.C.

7. On the other hand, Sri Vivek Kumar Srivastava, learned counsel appearing for Opposite Party No. 2 has argued that Opposite Party No. 2, while filing claim petition before the Additional Principal Judge, Family Court, Court No.2, Gorakhpur, had filed various 'Khataunis' wherein revisionist is a recorded tenure holder of a huge chunk of agricultural land. It has further been argued that the trial court, on the basis of the documents produced before it and keeping in view the overall facts and circumstances of the case, particularly that the revisionist is owner of a huge chunk of agricultural land and is a healthy male, had come to the conclusion that he is in a position to pay Rs. 10,000/- per month as maintenance to Opposite Party No. 2.

8. Learned counsel appearing for Opposite Party No. 2 has also argued that Opposite Party No. 2 had categorically deposed before the Additional Principal Judge, Family Court, Court No. 2, Gorakhpur that her husband i.e., the revisionist has illicit relationship with another lady and therefore, in the said circumstances, she had no option except to leave the home of her husband, as such it is established on record that she is living separately for sufficient reasons. It has also been argued on behalf of Opposite Party No. 2 that the law relating to determination of monthly income of the husband, in the matters filed under Section 125, Cr.P.C., is well settled that there may be various circumstances, where the exact income of the husband cannot be determined, in those cases the trial court has to see the entire facts and circumstances of the case and on overall determination of the financial status of the husband, can proceed to award maintenance which is commensurate to his financial status.

9. I have heard the learned counsels appearing for the parties and have perused the record of this revision.

10. I find that Opposite Party No. 2, while filing counter affidavit in this revision, has brought on record various 'Khataunis' wherein a huge chunk of agricultural land is in the name of the revisionist. I also find that Opposite Party No. 2 had categorically stated in her counter affidavit that all those 'Khataunis' were placed on record before the Additional Principal Judge, Family Court, Court No. 2, Gorakhpur. This Court finds that the Additional Principal Judge, Family Court, Court No. 2, Gorakhpur had considered the 'Khataunis' relating to the agricultural land owned by the revisionist and thereafter had appreciated entire facts and circumstances of the case and had recorded a finding that the revisionist is a well off person and is in a position to pay Rs. 10,000/- per month as maintenance to Opposite Party No. 2. For ready reference relevant portion of the finding recorded in the impugned order dated 10.11.2022 is extracted as under :-

"???????? ????? ???-?- ?? ????? ?? ??? ?? ??????? ?? ?? "???? ??????????/??????? ????????? ?????? ????? ?? ???-???? ???? ??? ?????? ?? ???? ???????/?????? ???????, ?????????? ?? ???-???? ???? ??? ????? ???"

?????????? ?????? ???? ?????????-???? ????-10 ??? ?? ??? ??? ?? ?? ??????? ???? ???? ?????? ?? ?? ???????? ?? ???? ?? ?? ????-???? ?? ???? ?? ?? ???????? ?? ?? ?? ???? ???? ????? ???? ????? ??? ???? ?????? ?? ????? ????? ??, ?? ?? ??? ????? ???? ??, ????? ??? ???? ????? ????? ?? ??? ??? ??? ?? ?? ????????? ??? ????? ?? ??? ???? ????? ?? ???? ??? ???? ?????? ??????? ?? ?? ???? ???????? ???? ?? ?? ??????? ??????? ???? ?? ?? ? ?? ???????? ???? ?? ?? ? ?? ???? ??? ???? ?????? ?? ?? ???????? ??????? ??? ???? ?????? ???? ?????? ??????? ????? ?? ????? ???-40,000/-????? ???????? ?? ?? ?? ???? ?? ??? ???? ???-???? ?? ???? ??? ????? ???

?????????-1 ????????? ?????? ?????? ???? ??????? ??? ??? ??? ??? ?? ?? ???? ??? ?? ?? ????? ???? ?? ?? ???? ??? ?? ????? ?? 80-90 ???? ????? ??? ???? ??? ?????????-1 ?????? ?? ??? ???? ??? ?? ?? ?????? ???? ?????? ??????? ?? ?????, ??? ?????, ?????? ?? ???? ???? ?????? ??? ???? ?????? ?? ?????? ???????? ?? ?? ??? ?????? ?? ??? ???? ?? ??? ?? ??????, ????? ? ??? ????? ?? ???? ??, ???? ??? ???? ?? ??? ????? ?? ???? ?? ???? ?? ??? ???? ??? ?? ??? ????? ???? ??? ?????????-1 ?? ??? ???? ??????? ??? ??? ?? ?? ???? ??? ?? ??????? ????? ????? ??? ?? ??? ??????? ?? ????? ??? ????? ?????? ???? ??? ???? ??? ???? ??? ?? ??????? ????? ????? ?? ??? ??? ??? ?? ???? ??? ?????????? ??? ?? ??? ??? ???? ??? ???? ???? ??? ?? ???-50,000/- ????? ??? ???? ?? ??? ?? ??? ???-???? ??? ???? ?? ?? ?? ??? ???? ??? ?????? ?? ?????? ?? ???? ????? ??????? ??? ?? ?????? ???? ?? ?? ???? ??? ?? ????? ?? 80-90 ???? ????? ???

?????????-2 ?? ?????? ???? ??????? ??? ?? ??? ??? ?? ?? ??????? ?? ???? ?? ??? ???? ???? ????? ?? ??? ?????? ??? ?? ???????? ???? ?? ????? ?? ??????? ?? ?? ?? ??? ????? ?? ???? ?? ?????? ???? ??? ???? ??? ???????? ?? ???? ?????? ?? ???? ???? ??? ?? ??? ??, ??? ?????? ??? ??? ?????? ???? ????? ???????? ???-???? ?? ??? ?????? ???? ???? ??? ?????????-2 ?? ?? ??? ?? ?? ?? ???? ??? ?? ?? ??????? ?? ??? ????? ?????? ???? ??? ???? ??????? ?? ????? ?????? ?? ???? ??? ??????-???? ???????? ??? ????? ???? ???? ?? ?? ??????? ?? ?? ??? ????? ?? ???? ??? ?????? ????? ???? ???? ?????? ?? ???? ?? ????? ??? ???? ??? ???? ?????? ??????? ????? ??? ?? ?????? ????? ? ?????? ???? ???? ??? ?????? ? ????? ?? ????? ???? ??? ?? ?????? ?? ??, ????? ??? ???? ?? ?? ??? ?? ??? ??? ????? ??? ?? ??????? ???? ?? ?? ???? ??? ?????? ???? ?? ?? ?????

?????????-1 ?????? ??????? ?????? ???? ????? ??????? ??? ?? ??? ???? ??? ?? ?? ?????? ??? ????? ? ?????? ??, ?????? ? ?????? ?? ????? ???? ????? ?? ????? ?? ???? ?? ?? ???? ????-???? ?? ?????? ???? ?? ???? ??????? ???????? ?? ??? ????? ???? ???? ?? ?? ???? ??? ???????? ?? ???? ??? ??????? ?? ???? ????? ??????? ??? ?? ?????? ???? ????? ?? ?? ??????? ???? ?? ???? ??? ?? ???? ?????? ?? ??????? ?? ????? ???? ????? ??? ???? ?? ?????? ???-5 ??? ?????????-1 ?? ?? ??? ?? ?? ?? ???????? ?? ?? ?? ???? ?? ?? ????? ???? ?? ???????, ???? ??????? ?? ??? ???? ???? ??? ?? ?? ?? ???? ???-???? ?? ??? ???? ????-???? ?? ?????? ??? ???? ??? ?? ?????????-1 ?? ??? ?? ?? ?? ?? ????? ??? ?? ?? ?? ???? ??? ????? ?? ?????????? ???? ???? ??? ?????????-1 ?? ??? ?? ?? ?????? ???? ?? ?? ??????? ?????? ????? ?? ????? ????? ?? ?????????? ??? ?? ????? ???? ??? ?? ???? ?? ?????? ?? ?? ??? ?? ?? ????? ?? ?? ??????? ????? ?????? ?? ???? ????? ?????? ??, ???? ?? ?????????-2 ?? ???? ??????? ??? ??? ???

?????? ?????? ?????? ??????? ?? ?? ?? ????? ??? ?????????? ??? ???? ??? ???? ?????? ?????? ???? ?????????-???? ??? ??????? ?? ????? ?? ???? ???? ????? ?? ??, ??????? ??? 80-90 ???? ??? ?????????-2 ?? ??????? ?? ?? ?? ??? ????? ????? ?? ???? ????? ??? ??????? ?? ????? ?? ????? ??, ?????? ?????? ?? ????? ??? ??? ??????? ???????? ???? ???? ??? ??? ????? ?????? ?? ???? ???????? ??????? ????-36 ? ?? ????? ???????? ?? ?? ????? ??????? ?? ?? ?????? ?? ?? ??????? ?? ??? ???????? ???? ?? ?? ?? ???? ?????? ??????? ?? ??? ?????? ?? ??????? ?? ???? ?????? ?? ????? ?? ???????? ???? ?? ??? ?????? ?? ??????? 38 ?/1 ?? 38 ?/2 ?????? ?? ??????? ?? ?????? ?? ????? ????? ?? ?? ?????? ??????? ?????? ??????? ?????? ???????? ?????? ?????? ??, ????? ?????? ?? ???? ?????? ??? ??????-???? ??????? ????-65 ??? ?????? ??????? ??????? ??? ???????? ???? ???? ??? ??? ?????? ??? ???? ???????? ???? ??????? ?????? ???? ??? ??????? ?? ?????? ?? ????? ??? ?? ??? ?? ?? ?? ?????? ?? ????? ???? ????? ???????? ??? ???? ?? ????? ??????? ?? ?? ????? ??? ??? ???????? ??????? ???????? ???? ???? ?? ?? ? ?? ??????? ?? ?? ?????? ????? ?? ?? ?????? ?? ??? ?????? ??????? ??? ?????? ?? ????? ???? ????? ???? ????? ???????? ??? ???? ??? ???? ?????? ??????? ?? ?? ?????? ?? ?? ?????? ?? ???? ?????? ??????? ????? ??, ????? ?????? ?? ??? ?? ?? ??? ??? ????? ???? ?? ????? ?? ????? ?? ???-???? ???? ??? ????? ??? ????? ???? ??????? ???? ?? ?? ????????? ???? ???? ?? ???? ?? ?????? ?? ??? ????? ?? ???-???? ???? ?? ?? ??? ???? ???

??????? ?? ???? ?? ?? ?????? ?? ?? ?????? ?? ??? ????? ?? ???-???? ???? ?? ?? ??? ????? ???? ?? ???? ??????? ???? ?????? ??????? ?? ?? ?? ???? ????? ?? ????? ??? ?? ???-???? ???? ??? ????? ???"

11. This Court is of the view that there may be various circumstances, when it is difficult for the trial court to arrive at a conclusion in respect of the exact monthly income of the husband, but in those cases the trial court can very well appreciate and consider the entire facts and circumstances of the cases and thereby by recording a finding in respect of the financial status of the husband, can proceed to award maintenance in favour of the wife. It is of utmost importance to keep in mind the philosophy behind the award of maintenance in favour of the wife under Section 125 Cr.P.C. The basic philosophy in such matters, in awarding maintenance, is to protect the wife from living a life of destitution and vagrancy and therefore, it is always open for the trial court to consider the entire facts and circumstances of the case and if it is not possible to determine the exact monthly income of the husband, then on tentative determination, maintenance can be awarded in favour of the wife.

12. The judgment rendered by the Madhya Pradesh High Court (Indore Bench) in Criminal Revision No. 6171 of 2018 (Aarif Vs. Shajida) relied on by the learned counsel appearing for the revisionist, in the present facts and circumstances of the case, is not applicable, as in the said case a categorical finding had been recorded that the wife could not produce any document to show the income of the husband, whereas in the present case wife had filed various 'Khataunis' which are the revenue record of the Government of Uttar Pradesh and had demonstrated before the trial court that the revisionist is owner of the huge chunk of agricultural land. Once the ownership of the land had been established before the trial court, even if the monthly income of the revisionist was not in exact figure, the trial court can very well consider the financial status of the revisionist and award maintenance in favour of the wife.

13. So far as the argument advanced by the learned counsel appearing for the revisionist, that Opposite Party No. 2 had left the house of the revisionist without there being any sufficient reason, is concerned, I find that such argument is absolutely misconceived, as Opposite Party No. 2 in her claim petition had categorically stated before the trial court that her husband has illicit relationship with another women. Once such claim of illicit relationship is there, this Court is of the view that it cannot be said that the wife had left the house of her husband without sufficient reason.

14. In view of the aforesaid reasons, I do not find either any illegality or infirmity in the impugned order dated 10.11.2022.

15. Accordingly, this revision lacks merit and is hereby dismissed.

Order Date :- 6.11.2024

Gaurav