Dismissed

Omshankar v. Smt. Nilesh

Allahabad HC11 Oct 2023CRLR/4668/2023

Case brief

AI extract

What is this about?

The High Court dismissed the husband's criminal revision challenging an order granting his wife monthly maintenance under Section 125 Cr.P.C. Finding the awarded amount too meagre compared to the cost of living, the court rejected the claim of excessive burden.

What did the court decide?

Criminal revision dismissed. Arrears to be paid in six equal monthly installments. Order to execute lower court decree preserved.

Omshankar Vs Smt. Nilesh — Maintenance and Alimony | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:195678

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Court No. - 79

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Case :- CRIMINAL REVISION No. - 4668 of 2023 Revisionist :- Omshankar Opposite Party :- Smt. Nilesh Counsel for Revisionist :- Radhey Krishna Pandey

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Hon'ble Vipin Chandra Dixit,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the parties and perused the record.

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This criminal revision has been filed by the revisionist against the judgment and order dated 26.07.2023, passed by Additional Principal Judge, Family Court, Firozabad, in Maintenance Case No. 966 of 2017 (Smt. Nilesh vs. Omshankar), under Section 125 Cr.P.C., by which the application filed by opposite party under Section 125 Cr.P.C. was allowed and the revisionist was directed to pay Rs. 2,000/- per month to opposite party, who is wife of revisionist from the date of application till the date of order and thereafter Rs. 4,000/- per month.

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It is submitted by learned counsel for the revisionist that the revisionist is unemployed having no source of income. It is further submitted that the maintenance awarded by the learned family court is very excessive and without considering the monthly income of the revisionist. Lastly, it is submitted that the learned family court without considering the comparative hardship of the revisionist has awarded a very excessive amount of maintenance in favour of opposite party.

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Admittedly, the opposite party is legally married wife of revisionist. The revisionist being husband of opposite party 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.

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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

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the husband is on a higher pedestal.

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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.4,000/- per month in favour of the wife cannot treated to be on higher side rather it is too meagre.

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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.

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The criminal revision is dismissed, accordingly.

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However, it is provided that revisionist shall pay entire arrears as up to date in six equal monthly installments, failing which, it is open to opposite party to execute the judgment and order dated 26.07.2023, passed by Additional Principal Judge, Family Court, Firozabad, in Maintenance Case No. 966 of 2017 (Smt. Nilesh vs. Omshankar), under Section 125 Cr.P.C.

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Order Date :- 11.10.2023 sailesh

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Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

Omshankar v. Smt. Nilesh

Case brief

What is this about?

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Omshankar v. Smt. Nilesh

Case brief

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