A wife is entitled to maintenance under Section 125 Cr.P.C. if she has sufficient cause to live separately from her husband and he neglects to maintain her.

Court No. - 88

Case :- CRIMINAL REVISION No. - 823 of 2022

Revisionist :- Anil Upadhyay

Opposite Party :- State Of U.P. And 3 Others

Counsel for Revisionist :- Dheeraj Kumar Singh

Counsel for Opposite Party :- G.A.,Anish Kumar Singh

Hon'ble Raj Beer Singh,J.

1. Heard learned counsel for the revisionist, learned counsel for

opposite party Nos.2 to 4, learned A.G.A. for the State and

perused the record.

2. This criminal revision has been filed against the judgement

and order dated 18.12.2021, passed by the learned Additional

Principal Judge, Family Court-I, Ghaziabad, in matrimonial

case No.566 of 2019 (Suraksha Upadhyay @ Anju and 2 others

Vs. Anil Upadhyay), under Section 125 Cr.P.C., police station

Modinagar, district Ghaziabad, whereby revisionist was

directed to pay maintenance @ Rs.20,000/- per month to

opposite party No.2 to 3 and a lum sum amount Rs.2,00,000/-

for the opposite party No.4 (for his education and other

expenses) from the date of filing of application.

3. It has been argued by learned counsel for the revisionist that

revisionist is husband of opposite party No.2 and their marriage

has taken place on 26.11.1996 and out of that marriage, they

have two children. Learned counsel submitted that the

allegation, that revisionist has harassed the opposite party No.2,

is thoroughly false. The revisionist wants to keep the opposite

party No.2 with him but she is not ready for the same. Learned

counsel has pointed out the cross examination of P.W.1/wife

Suraksha Upadhayay @ Anju, wherein, she has stated that even

if the revisionist pays his entire salary to her, she is not ready to

reside with the revisionist. Referring to the facts of the matter, it

is submitted that opposite party No.2 is residing separately

since the year 2018 without any just and reasonable cause and

thus, she is not entitled for maintenance. The son of revisionist

has already attained the age of majority and he has done

diploma in engineering. The amount of maintenance awarded

by the court below is highly excessive and arbitrary. The

revisionist is getting salary of only Rs.45,000/- per month and

he has several other liabilities. Referring to statements of

opposite party No.2 and of revisionist, it was submitted that the

impugned order has been passed by the court below without

considering the material on record. Further, the opposite party

No.2 is working as a teacher and thus, she is able to maintain

herself and her minor daughter but this fact has also not been

considered by the court below. It has been further submitted

that the impugned order is against facts and law and thus, liable

to be set aside.

4. Learned counsel for opposite party Nos.2 to 4 as well as

learned A.G.A. have opposed the revision. Learned counsel for

opposite party Nos. 2 to 4 has argued that the opposite party

No.2 was harassed by the revisionist and thus, she is residing

separately along with her minor daughter. Referring to evidence

of the opposite party No.2, it was submitted that the revisionist

used to suspect her character and did not provide financial help

for her maintenance and education of children and that she

along with her children was turned out from matrimonial home

and thus, she has just and sufficient cause for residing

separately. The job of teacher in private school has already been

left by the opposite party No.2 and she has no source of income

to maintain herself and her minor daughter, who is aged about

12-13 years and she is studying. It is further submitted that the

revisionist is getting salary of Rs.60,000/- per month and thus,

the quantum of maintenance awarded by the Court below

cannot be said excessive or arbitrary. The revisionist has no

other liability. Referring to facts and the evidence of the matter,

it was submitted that there is no illegality or perversity in the

impugned order. It was also submitted that so far no

maintenance has been paid to t