IMPORTANT POINT
The central legal point established in the judgment is the duty of the husband to provide maintenance under Section 125 Cr.P.C. and the factors to be considered in determining the quantum of maintenance.

JUDGMENT :

SURENDRA SINGH-I, J.

1. By means of the instant criminal revision, revisionists have assailed the judgment and order dated 13.09.2022 passed by Additional Principal Judge, Family Judge Court No. 1, Meerut in Case No. 07 of 2022 (Smt. Alka vs. Sohanpal @ Sonu), under Section 125 Cr.P.C.

2. By the impugned order, the trial Court has granted interim maintenance of Rs. 3,000/- to the revisionist No. 1 and of Rs. 2,000/- to the revisionist Nos. 2 and 3 per month each under Section 125 Cr.P.C. The revisionists have prayed in the revision for enhancement of maintenance allowance granted by the trial Court in their favour.

3. It has been submitted by the learned counsel for the revisionists that before calculating the quantum of maintenance, the trial court has not taken into consideration the salary of the opposite party No. 2 (husband) and the status of family. It has also been submitted that opposite party No. 2 is still neglecting to maintain the revisionists, who are his wife and two minor daughters. The revisionists are not capable to maintain themselves. He next submitted that finding of the trial court regarding the income of the opposite party No. 2 is not based on the evidence on record. As per the evidence on record, the monthly salary of the opposite party No. 2 is of Rs. 30,551/- therefore, revisionists shall be entitled to atleast 1/3rd of salary of opposite party No. 2 as maintenance allowance.

4. The revisionist No. 1 has filed payslip of opposite party No. 2, which was issued on 26.09.2022 by the Executive Engineer, Vidyutkhand-III, U.P. Awas Vikas Parishad, Kalyanpur, District Kanpur. The same has been annexed as Annexure No. 1 to the revision. In this statement of salary, the gross income of the opposite party No. 2 is shown as Rs. 30,551/- and net amount payable as Rs. 23,528/-.

5. Learned counsel for the revisionists has placed reliance on the following judgments of the Hon’ble Apex Court as well as this Court:

(i) Rajnesh vs. Neha and Another, (2021) 2 SCC 324

(ii) Smt. Kuldeep Kaur and Another vs. State of U.P. and Another, (2012) 3 JIC 522 (All)

6. Per contra, learned counsel for the opposite party No. 2 has opposed the prayer of the revisionists and submitted that trial court has passed the impugned order on evidence on record. It has also been submitted that trial court has not given reasons for fixing the amount of maintenance allowance. It has also been submitted that opposite party No. 2 having been appointed as pump operator in U.P. Awas Vikas Parishad, Kalyanpur, Kanpur under dying in harness rules and he has liability to maintain 58 years old elder brother, who is suffering from heart disease, therefore, the amount of next salary will be reduced after deducting the amount for maintenance of his brother from his monthly gross salary.

7. Heard Sri Raghuvansh Chandra, learned counsel for the revisionists, learned A.G.A. for the State and Sri Ashok Kumar Pandey, learned counsel for opposite party no. 2.

8. Factual matrix of the case, in brief, is that Smt. Alka, who is revisionist No. 1 in this revision filed an application under Section 125 Cr.P.C. for herself and two minor daughters alleging that revisionist No. 1 was married with opposite party No. 2-Sohanpal @ Sonu according to Hindu rites and rituals on 29.04.2015 and her parents spent Rs. 10 Lakhs on her marriage. After marriage, she started living in her matrimonial home where her husband (opposite party No. 2) and her in-laws started harassing her for not bringing sufficient dowry. On 15.03.2016, after her giving birth to a girl child, namely Tavisha, her husband and in-laws started taunting her for the same. On 09.05.2017, her husband (opposite party No. 3) and in-laws beaten her and also ousted from her matrimonial home. After so many efforts made by her father and brother, they brought her back and dropped her to House No. 78, Shergari Meerut on 17.06.2018. In-spite of that, her husband and in-laws continued harassing and taunting her. Meanwhile,