Smt Vandana and Another vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:76444

Court No. - 79

Case :- CRIMINAL REVISION No. - 2639 of 2024

Revisionist :- Smt Vandana And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Chandra Prakash Pandey Counsel for Opposite Party :- A Kumar Srivastava,Anand Prakash Pandey,G.A.

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Hon'ble Subhash Chandra Sharma,J.

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List revised. None appeared on behalf of opposite party no. 2 even in the revised call.

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Heard learned counsel for the revisionists as well as learned A.G.A. and perused the material on record.

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This criminal revision has been filed by the revisionists with prayer to set aside the order dated 30.03.2024 passed by the learned Principal Judge, Family Court, Farrukhabad, in Criminal Misc. Case No. 424/12/2020, under Section 125 Cr.P.C., Police Station Kotwali Farrukhabad, District Farrukhabad.

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Learned counsel for the revisionists limited his arguments only to the extent of amount of maintenance in regard to minor child who was aged about two and half years at the time of filing this application in the year 2020, now she has become about 7 years old and Rs. 2000/- per month has been fixed as maintenance for the child which is less than sufficent. Further argued that the gross salary of the opposite party no. 2 is Rs. 66,894/- as per pay slip and after deduction income tax Rs. 23155/-, Rs. 2000/- in Sukanya Samriddhi Yojana in favour of minor child. The net salary comes Rs. 43739/- per month out of which learned trial court has fixed the amount Rs. 10,000/- per month in favour of wife and Rs. 2000/- per month in favour of minor child, therefore, request to increase the amount so fixed.

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Learned A.G.A. opposed the prayer as aforesaid.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionists as well as learned A.G.A. perusal of record, order passed by learned trial court, it appears that due to neglect on the part of the opposite

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party no. 2, the revisionist with her minor child, is living apart from him. Opposite party no. 2 is teacher and gets gross salary as aforesaid and after deduction it is Rs. 43,739/-. He has liability of Rs 26,478/- as EMI for loan taken form HDFC Bank which was taken for purchasing of the plot. Taking into account all these liabilities of opposite party no. 2 the amount of Rs. 10,000/- in favour of wife as maintenance cannot be said to be less or insufficient but the amount fixed in favour of minor child is insufficient to maintain her, therefore, the amount of maintenance fixed for the minor child/revisionist no. 2 is liable to be increased to Rs. 5000/- from Rs. 2000/- per month. Hence the amount awarded by the learned trial court as maintenance in favour of minor child will be Rs. 5000/- per month on the place of Rs. 2000/- per month from the date of application and amount in favour of wife/revisionist no.1 shall remain the same in terms of order passed by the learned trial court. If the income of opposite party no. 2 increases in future the revisionists may have an option to move for enhancement before the Competent Court.

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Accordingly, the present revisionist is partly allowed modifying the order dated 30.03.2024 to the extent of maintenance in favour of revisionist no. 2/ minor child which is increased from Rs. 2000/per month to Rs. 5000/- per month.

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Order Date :- 12.5.2025 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Smt Vandana and Another v. State of U.P. and Another

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Smt Vandana and Another v. State of U.P. and Another

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