ALKA Vs. STATE OF U. P.

JUDGEMENT

(1.) By means of the instant criminal revision, revisionists have assailed the judgement and order dtd. 13/9/2022 passed by Additional Principal Judge, Family Judge Court No.1, Meerut in Case No.07 of 2022 (Smt. Alka vs. Sohanpal @ Sonu), under Sec. 125 Cr.P.C.

(2.) By the impugned order, the trial Court has granted interim maintenance of Rs.3,000.00 to the revisionist No.1 and of Rs.2,000.00 to the revisionist Nos.2 and 3 per month each under Sec. 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.30551.00, therefore, revisionists shall be entitled to atleast 1/3rdof salary of opposite party No.2 as maintenance allowance.