APARNA KUSHWAHA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the instant criminal revision, revisionists have assailed the judgement and order dtd. 22/3/2022 passed by Additional Principal Judge, Family Judge Court, Court No.2, Kanpur Nagar in Case No.591 of 2015 (Smt. Aparna Kushwaha and another vs. Ashish Singh Kushwaha), under Sec. 125 Cr.P.C. viz a viz amount of maintenance allowance granted to them and has prayed for enhancement of the same.

(2.) By the impugned order, the trial Court has granted interim maintenance of Rs.5,000.00 per month to the revisionist No.1 and of Rs.3,000.00 per month to the revisionist No.2 per month, under Sec. 125 Cr.P.C. The revisionists have prayed for enhancement of maintenance allowance granted by the trial Court in their favour.

(3.) Learned counsel for the revisionists has submitted that marriage of revisionist No.1-Smt. Aparna Kushwaha was solemnized according to Hindu Rites and Rituals with opposite party No.2-Ashish Singh Kushwaha on 17/2/2012. Parents of the revisionist No.1 provided sufficient dowry to the opposite party No.2 in the aforesaid marriage. It has also been submitted that opposite party No.2 (husband) and his family members were physically and mentally tortured the revisionist No.1 for bringing of one Swift Car as additional dowry. The opposite party No.2 is a Director and Manager of the Koester Pharmaceuticals Private Limited Company and is earning Rs.1,50,000.00 per month. Revisionist No.2 (daughter) is studying in SKD Academy, 2D/HS-1, Vrindavan Yojna, Raibareilly Road, Lucknow, her tuition fees is about Rs.6000.00 per month, but trial Court without considering the income of opposite party No.2 passed the impugned order for granting meager amount of maintenance allowance. It has also been submitted that trial Court had passed the impugned order without considering the evidence on record and without application of judicial mind.