Dismissed

Tabrez Alam Shaikh v. State of U.P. and 3 Others

Allahabad HC21 Oct 2024CRLR/1755/2024

Case brief

AI extract

What is this about?

This criminal revision challenged a Family Court order awarding maintenance under Section 125 Cr.P.C. The revisionist argued his fixed income as a driver was insufficient for the awarded amount. The High Court upheld the trial court’s decision, noting the petitioner admitted having sufficient income sources.

What did the court decide?

The criminal revision was dismissed, affirming the trial court’s maintenance order of Rs. 5,000 and Rs. 2,500 per month.

Tabrez Alam Shaikh vs State of U.P. and 3 Others — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:173642

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Court No. - 87

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Case :- CRIMINAL REVISION No. - 1755 of 2024 Revisionist :- Tabrez Alam Shaikh Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Shahabuddin Counsel for Opposite Party :- G.A.

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Hon'ble Manjive Shukla,J.

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Heard Sri Shahabuddin, learned counsel appearing for the revisionist and learned A.G.A. appearing for the State.

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The instant revision has been filed challenging therein the judgment and order dated 1.03.2024 passed by the Principal Judge, Family Court, Azamgarh in Case No. 1005 of 2021 (Rumana Khatoon & Ors. Vs. Tabrez Alam Shaikh) whereby, in exercise of power under Section 125 Cr.P.C, maintenance of Rs. 5,000/- per month had been awarded in favour of Opposite Party No. 2 and maintenance of Rs. 2500/- per month each had been awarded in favour of Opposite Parties No. 3 & 4.

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Learned counsel appearing for the revisionist has argued that the revisionist is working as a driver of private passenger vehicles and his monthly income is hardly Rs. 10,000/therefore, it is apparent that the Principal Judge, Family Court, Azamgarh had awarded excessive maintenance in favour of Opposite Parties No. 2 to 4 under the impugned order dated 1.03.2024.

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On the other hand, learned A.G.A. appearing for the State has pointed out that the revisionist himself had admitted before the trial court that he is the driver of a vehicle which is being run under the contract of the Ola Company. The revisionist had further admitted that, at an earlier point of time, he had been in Saudi Arab, where he was employed and had earned money. It had also been admitted by the revisionist that he is capable of maintaining himself and his family.

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Learned A.G.A. appearing for the State, on the basis of the aforesaid admission made by the revisionist before the trial court, has argued that the impugned order dated 1.03.2024 does not suffer from any illegality or infirmity and the instant revision is liable to be dismissed by this Court.

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I have considered the arguments advanced by the learned counsel appearing for the revisionist as well as the learned A.G.A. for the State.

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I find that the revisionist had categorically admitted before the trial court that he has sufficient source of income to maintain himself and his family. I further find that the revisionist while deposing before the trial court had admitted that he is the driver of a vehicle which is being run under the contract with the Ola Company in Mumbai and further he had also admitted that, at an earlier point of time, he was employed in Saudi Arab and had earned sufficient money.

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This Court is of the view that the trial court, in the matters of award of maintenance under Section 125 Cr.P.C., is under obligation to assess the income of the husband as per his overall financial status and in the present case, the entire facts and circumstances in respect of the revisionist's income had been considered by the trial court. The finding recorded by the trial court, in the impugned order dated 1.03.2024, is extracted as under :-

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" अततउपररकतथययएववववपककददरदपवतपरककदममवदययगययसदकयकयवववयचनव ववशलयषणसयआवयवदकदककआयअररनहरनयकदतथयसदवबतनहहहरतदहह।

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आवयवदकदववपककककवववदवहतदपतनकहहऔरदणडपवकयदस व हतदककधदरद 125 कय अनतगरतवववदवहतदपतनकअगरअपनदभरण - परषणकरनयममअसमररहहऔरवहपयदरप कदरणयकयआधदरपरअपनयपवतसयअलगरहरहकहहएववउसकदपवतभरण - परषणकरनय ममउपयकदकरतदहहऔरऐसकउपयकदयदइनकदरपतदवलकपरसदवबतहररदतकहहतर वववदवहतदपतनकअपनयपवतसयभरण - परषणपदपकरनयककअधधकदररणकहरगक।

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उपररकववशलयषणसययहसपषहहवकआवयवदकदकयभरण - परषणकदकरईरररयदनहहहह। आवयवदकदकररबसयववपककददरदघरसयवनकदलदगयदहह , तबसयववपककददरदआवयवदकद करकरईखचदरयदभरण - परषणअददनहहवकयदगयदहह।आवयवदकदसवयवअपनदवदरनय बचचयभरण - परषणकरनयममअसमररहह।

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ववपककककआमदनककयसमबनधममआवयवदकदददरदकरनवकयदगयदहहवकववपकककक अचछकखयतकबदरकहह।ववपककगदडकचलदतदहह , धरससयमम० 80000 र०पवतमदहआय अधररतकरलयतदहहतरदआवयवदकदवदरनयबचचयकदभरणपरषणकरनयममसकमहह। रबवकववपककनयअपनयरवदबददवदममचदरपवहयदवदहनचलदकरछत - सदतहरदरर० पवतमदहकमदनयकदकरनवकयदगयदहह।ववपककनयअपनकपवतपरककदममम म बईममओलद कमपनकककगदडकचलदनदभकसवककदरवकयदहहऔरयहभकसवककदरवकयदगयदहहवक , " ममअपनकबकबकवबचचयकदखचरचलदनयममसकमह ह ।मयरकपतनककरईननकरकइससमय करतकहहवकनहह , नहहमदललम। " ववपककददरदववदयशसऊदकअरबममरहकरकमदनयकद तथयभकसवककदरवकयदगयदहह।अततउपररकतथययवसदकययसययहसपषहरतदहहवक ववपककददरदअपनयआयअररनकयअनयशरतयकयतथयकदलरपवकयदगयदहह।

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धदरद 125 दव०प०सव०कयमदमलयममयहनहहकहदगयदहहवककयवलएकसकमपवतहक

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अपनकपतनककदभरणपरषणकरनयकयधलएबदधयहरगद।धदरद 125 दव०प०सव०पतनककक खमदकरबनदययरखनयममअसमररतदककबदतकरतकहहऔरइससमबनधममपवतकक शदरकररकअकमतदयदकमदईकककमतदकयबदरयममनहककहतकहह।इसपकदरपवतकद वववदहममपवयशकरनदहकइसतथयकदसवकयतहहवकवहअपनकपतनककरबनदययरखनयएवव उसकयभरणपरषणकदददवयतवधलयदहह।अपनकपतनकएववअवयसकबचचयकदभरण परषणकरनदपवत / वपतदककपहलकनहवतकधरममयददरकहह , भलयहकयहसदवबतहरवक पवत / वपतदकयपदसआयकदकरईसपषसरतनहहहह।अपनकपतनकएववअवयसकबचचय कदभरणपरषणकरनयहयतमपवत / वपतदकदददवयतववहवदवहकससरवतसयउतपनहरतदहह , न वकवकसकस व वददतमकददवयतवयकयतहत।इसधलएववपककककइसदलकलपरभरणपरषण कयददवयतवसयममकनहकवकयदरदसकतदवकउसकदकरईउतरददवयतवआवयवदकदकय पवतनहहहहयदउसकयपदसभमगतदनकरनयकयधलएकरईसदधननहहहह।

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ववपककशदरकररकवमदनधसकरपसयसवसरएववसदधनसमपनवयवकहहतरदववपकककक आधररकआयअररनकदशरतहरनदभकसदवबतहरतदहह।आवयवदकदसव० 1 रमदनदखदतलन ववपककककवववदवहतदपतनकएववअवयसकररकदतबरयरशयखवअरहदनतबरयरशयख ववपककककसवतदनहहऔरववपककककयहनहवतकएववववधधकधरममयददरकहहवकवहअपनक पतनकएववअवयसकबचचयकदभरणपरषणकरय। ववपकककयपदसअपनकपतनकएवव अवयसकबचचयकरपरवषतकरनयहयतमआयकयसममवचतशरतहम , वकनतमववपकक , आवयवदकद एववअवयसकबचचयकदभरणपरषणकरनयसयइनकदरकररहदहह , रबवकआवयवदकदएवव अवयसकबचचय , ववपककसयभरणपरषणभतदपदपकरनयकयअधधकदरकहह। "

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Since the trial court, on the basis of admission made by the revisionist, had recorded a finding that he has sufficient source of income and thereby had proceeded to awarded maintenance of Rs. 5,000/- per month to Opposite Party No. 2 and Rs. 2500/per month each to Opposite Parties No. 3 & 4., I do not find that the trial court in any manner had awarded excessive maintenance in favour of Opposite Parties No. 2 to 4. I also do not find any illegality or infirmity in the impugned order dated 1.03.2024.

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In view of the aforesaid reasons, this revision lacks merit and is hereby dismissed.

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Order Date :- 6.11.2024/Gaurav

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Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Tabrez Alam Shaikh v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Tabrez Alam Shaikh v. State of U.P. and 3 Others

Case brief

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