Smt. Kaynat and Another vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

Smt. Kaynat and Another vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No enhancement of maintenance granted; revision disposed of finally at admission stage with liberty to the revisionists to seek enhancement before the trial court upon material showing increase in the husband's income.

Issue for consideration

Whether the maintenance fixed by the trial court for the wife and minor child (Rs. 2000/- & Rs. 1000/- per month from date of application to date of order, and Rs. 2500/- & Rs. 1500/- per month from date of order) is meager and insufficient so as to require being set aside and enhanced.

Court's answer

There is nothing on record to show the certain income of opposite party no. 2 (husband, a registered guide); the trial court fixed maintenance on the basis of a guess about his income, therefore the amount fixed cannot be said to be disproportionate to his income.

Ratio / Principle

In the considered opinion of the Court there is no illegality or impropriety in the trial court's order, and the revision being devoid of merit requires no interference by the High Court.

Key takeaways

The revisionists have an option to move an application for enhancement of the amount of maintenance before the trial court if they obtain some material regarding increase in the income of the husband/opposite party no. 2.obiter¶12

Detailed headnote1 paragraphs

Allahabad High Court (Subhash Chandra Sharma, J.; Neutral Citation 2025:AHC:136111; Order Date 12.8.2025), Criminal Revision No. 3248 of 2025 (Smt. Kaynat and another v. State of U.P. and another; husband Kamran): Revision by the wife and minor child against the order of the Additional Principal Judge, Family Court, Court No. 4, Agra in Criminal Misc. Case No. 1406 of 2022 under Section 125 Cr.P.C. (PS Rakabganj, District Agra), which fixed maintenance at Rs. 2000/- & Rs. 1000/- per month from the date of application to the date of order and Rs. 2500/- & Rs. 1500/- per month from the date of order, sought enhancement on the ground that the husband, a registered guide at Tajmahal, Agra, earns a handsome income. Held: nothing on record showed the husband's certain income; the trial court fixed the amount on the basis of a guess about his income, so it could not be said to be disproportionate; no illegality or impropriety in the trial court order; the revision, being devoid of merit, required no interference and was disposed of finally at admission stage, with liberty to the revisionists to move an enhancement application before the trial court if they obtain material regarding increase in the husband's income. Note: the judgment inconsistently dates the trial court order 05.06.2024 (para 7) and 05.06.2025 (paras 8 and 12).

Neutral Citation No. - 2025:AHC:136111

Court No. - 84

Case :- CRIMINAL REVISION No. - 3248 of 2025

Revisionist :- Smt. Kaynat And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ramesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

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

This criminal revision has been filed by the revisionists with prayer to set aside the impugned judgment and order dated 05.06.2024 passed by the learned Additional Principal Judge, Family Court, Court No. 4, Agra in Criminal Misc. Case No. 1406 of 2022 (Smt. Kaynat and another Vs. Kamran), under Section 125 Cr.P.C., Police Station Rakabganj, District Agra.

It is submitted by learned counsel for the revisionists that in this case, the revisionist no. 1/wife is living separate from the husband with minor child, revisionist no. 2 due to neglect on the part of the husband, opposite party no. 2 and she filed an application under Section 125 Cr.P.C. which was decided by the learned trial court vide order dated 05.06.2025 fixing the amount of maintenance Rs. 2000/- & Rs. 1000/- per month from the date of application to the date of order in favour of wife and minor child and Rs. 2500/- & Rs. 1500/- per month from the date of order in favour of wife and minor child. Further submitted that the opposite party no. 2/ husband works as guide at Tajmahal, Agra and makes handsome income. The learned trial court has fixed the amount of maintenance that is meager and not sufficient for their maintenance, therefore, request to set aside the order passed by learned trial court and increase the amount of maintenance.

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

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 and order passed by learned trial court, it appears that there is nothing on record to show about the income of the opposite party no. 2, though he is a registered guide

and works as such but certain income of the opposite party no. 2 cannot be assessed since there is no material on record to show his certain income. The learned trial court has fixed the amount of maintenance against the opposite party no. 2 on the basis of guess about his income, therefore, it cannot be said that the amount was fixed by the learned trial court that is disproportionate to the income of the opposite party no. 2.

In considered opinion of this Court, there appears no any illegality and impropriety in the order passed by the learned trial court dated 05.06.2025 but this revision being devoid of merit requires no interference by this Court. The revisionist have an option to move an application for enhancement of amount of maintenance before the learned trial court, if she gets some material regarding increase in the income of the opposite party no.2/husband.

Accordingly, the present revision is disposed of , finally at admission stage.

Order Date :- 12.8.2025 Anurag Singh

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