Allahabad High Court
Renu Devi And Another vs State Of U.P. And Another on 28 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:150877
Neutral Citation No. - 2025:AHC:150877
Court No. - 91
Case :- CRIMINAL REVISION No. - 395 of 2024
Revisionist :- Renu Devi And Another
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- G.A.,Manoj Kumar Dhuriya,Rahul Singh,Sunil Kumar Yadav,Yashpal Yadav
Counsel for Opposite Party :- Atul Kumar
Hon'ble Madan Pal Singh,J.
1. Counter affidavit filed on behalf of opposite party no.2 in the Court today is taken on record.
2. Heard Mr. Manoj Kumar Dhuriya, learned counsel for the revisionists, Mr. Atul Kumar, learned counsel for opposite party no.2 and the learned A.G.A. for the State.
3. The instant criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionists with a prayer to modify the judgment and order dated 1st November, 2023 passed by the Additional Principal Judge, Family Court No.2, Muzaffarnagar in Case No. 485 of 2022 (Smt. Renu Devi Vs. Deepak Kumar Saini) under Section 125 Cr.P.C., Police Station-Budhana, District Muzaffarnagar enhancing the monthly maintenance allowance as awarded in favour of the revisionists. Under the impugned judgment the trial court has directed opposite party no.2 to pay Rs.5,000/- per month to revisionist no.1 and Rs. 2,000/- per month to revisionist no. 2 from the date of filing of the application under Section 125 Cr.P.C.
4. The learned counsel for the revisionists submits that the revisionist no.1 is legally wedded wife of opposite party no.2 and from their wedlock revisionist no.2, namely, Naitik was born. He further submits that opposite party no.2 is working as Constable in Central Industrial Security Force at Port Blair and he is getting salary at Rs. 31,990/- per month after deductions. He next submits that the amount awarded by the trial court under the impugned judgment in favour of the revisionist nos. 1 and 2 to the tune of Rs. 5,000/- and Rs. 2,000/- per month respectively is too meagre amount in these hard days. He also submits that since revisionist no.2, who is son of revisionist no.1 and opposite party no.2, is now four years old and a handsome amount is required to get him admitted in a school for his studies, therefore whatever amount the trial court has awarded is very less for their monthly maintenance allowance and that to revisionist no.1 has no other sufficient means.
On the above premise, learned counsel for the revisionists submits that the impugned judgment and order passed by the trial court be modified and to enhance the monthly maintenance allowance as awarded therein in favour of the revisionists.
5. On the other-hand, learned counsel for opposite party no.2 and the learned A.G.A. for the State have opposed the submissions made by the learned counsel for the revisionists by submitting that the trial court has not committed any illegality or infirmity while passing the impugned judgment.
6. Besides the above, learned counsel for opposite party no.2 submits that the amount of monthly maintenance allowance as awarded by the trial court under the judgment impugned is in commensurate with the net monthly income of opposite party no.2. Therefore, no interference is warranted against the impugned judgment by this Court.
7. I have considered the submissions made by the learned counsel for the parties, the entire facts and circumstances of the case and also gone through the records of the present criminal revision including the impugned judgment.
8. It is admitted to the learned counsel for the parties that the revisionist no.1 and revisionist no.2 are wife and son of opposite party no.2 respectively. It is also evident from the record that the revisionist no.1 is living separately along with her son from opposite party no.2 due to negligence on the part of opposite party no.2.
9. Now the issue up for consideration is that the amount of monthly maintenance allowance as awarded by the trial court under the impugned judgment is meagre and not sufficient to the revisionist no.1 to maintain herself and her son.
10. The Hon'ble Supreme Court in the cases of Rajnesh Vs. Neha reported in (2021) 2 SCC 324 and Kulbhushan Kumar (Dr) v. Raj Kumari reported in (1970) 3 SCC 129 has observed that the maintenance allowances can be granted up to the extent of 25% of the net income of the husband. The maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be so extravagant which becomes oppressive and unbearable for the respondent, nor should it be so meagre that it drives the wife to penury, the income of a husband can be fixed.
11. It is also admitted fact that after deductions opposite party no.2 is getting Rs. 31,990/- per month from his department while working as Constable and 25% amount of Rs. 31,990/- comes out to approximately Rs. 8,000/-.
12. In view of the above, the amount of monthly maintenance allowance should be fixed to the tune of Rs.8000/- per month in favour of the revisionists, which is 25% of the net income of opposite party no.2 as per the law laid down by the Hon'ble Supreme Court in the cases of Rajnesh Vs. Neha and Kulbhushan Kumar (Dr) (Supras).
13. Consequently, the impugned judgment and order dated 1st November, 2023 passed by the Additional Principal Judge, Family Court No.2, Muzaffarnagar in Case No. 485 of 2022 (Smt. Renu Devi Vs. Deepak Kumar Saini) under Section 125 Cr.P.C., Police Station-Budhana, District Muzaffarnagar is modified to the extent that now opposite party no.2 shall pay Rs. 5,000/- per month to the revisionist no.1 and Rs. 3,000/- per month to the revisionist no.2 towards maintenance allowance. It is also clarified that the arrears of enhanced maintenance allowance shall be paid by opposite party no.2 to the revisionist in five equal installments i.e five months and the first installment shall commence from September, 2025.
14. The present criminal revision is, accordingly, partly allowed.
15. There shall be no order as to costs.
Order Date :- 28.8.2025
Sushil/-
