Neutral Citation No. - 2023:AHC:231446

Court No. - 82

Case :- CRIMINAL REVISION No. - 3033 of 2023

Revisionist :- Shree Mati Nivedita Sharma

Opposite Party :- Vipin Kumar Gaur

Counsel for Revisionist :- Gopal Khare,Anupam Shukla,Gaurav

Kumar Tiwari,Rohan Gupta

Counsel for Opposite Party :- Ashutosh Prasad Shukla

Hon'ble Ms. Nand Prabha Shukla,J.

Heard learned counsel for revisionist and learned counsel for

opposite party.

This criminal revision has been filed by revisionist

challenging the judgment and order dated 25.01.2023 passed

by Additional Principal Judge Family Court, Bareilly in Case

No. 615 of 2019 (Smt. Nivedita Sharma v. Vipin Kumar

Gaur), under Section 125 Cr.P.C. Police Station Baradari,

District Bareilly whereby aforementioned case has been

allowed and monthly maintenance has been awarded in

favour of complainant-opposite party-2 @ 8,000/ per month

from the date of the order.

From the perusal of the record, it is apparent that by an ex

parte order dated 25.01.2022, the Family Court awarded

Rs.8,000/- p.m. as maintenance from the date of application.

Subsequently, by the order dated 25.01.2023, the said order

was modified directing for the payment of maintenance from

the date of order. As the application for grant of maintenance

under Section 125 Cr.P.C. was moved by the revisionist on

19.04.2019, therefore, it has been argued that in view of the

mandate of the Apex Court in Rajnish Vs. Neha and Another

reported in AIR 2021 SC 569 maintenance has to be awarded

from the date of the application and not from the date of

order.

It has further been submitted that till date the revisionist has

not been paid single amount of maintenance as awarded by

the Family Court. Even the salary drawn by the opposite

party no.2 while awarding has not been taken into account.

Keeping in view the aforesaid facts and circumstances, this

revision is disposed of with a direction that in case the

application is moved by the revisionist under the appropriate

provision within a period of one month from today, the same

shall be considered afresh in view of the mandate of the

Hon'ble Apex Court in Rajnish Vs. Neha and Another (supra),

if there is no other legal impediment in the light of aforesaid

submissions.

It is further provided that opposite party shall pay the legal

expenses of Rs.50,000/- through Demand Draft in favour of

the revisionist within a period of three weeks from the date of

order.

With the aforesaid directions, the criminal revision is

disposed of.

Order Date :- 6.12.2023 / A.N. Mishra

Digitally signed by :-

AMARNATH MISHRA

High Court of Judicature at Allahabad