SHUBHANGI SINHA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of present Criminal Revision the revisionist who is applicant in Criminal Misc. Application No.160 of 2021 (Smt. Shubhangi Sinha Vs. Shreya Sagar) has assailed the impugned order dtd. 13/9/2022, whereby her application for interim maintenance 42 Kha is partly allowed and she has been awarded interim maintenance at the rate of Rs.54,000.00 per month from the date of filing of application dtd. 9/7/2021. Arrear is directed to be paid within two months of the order, this is also clarified in the impugned order, that any amount obtained by the applicant as maintenance in proceeding under The Protection of Women from Domestic Violence Act, 2005 or any other proceeding will be set-off to the amount awarded in the order. Leaned counsel for the revisionist submits that pleadings have already been exchanged between the parties.

(2.) Heard learned counsel for the revisionists has appeared through virtual mode, however Mr. Brij Lal Shukla, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent appeared in person before this Court.

(3.) The brief facts of the case relevant for present revision are that applicant Smt. Shubhangi Sinha filed a petition under Sec. 125 Cr.P.C. seeking maintenance for her from the husband-the opposite party which was registered as Maintenance Case No.160 of 2021. Wherein she stated that her marriage with the opposite party was performed on 9/12/2016, according to hindu rites and rituals. The applicant is unemployed and she is not possessing means of her sustenance, she was working with VLCC prior to marriage, but after marriage she had to skip her job on the pressure of opposite party. She worked in a Company in Hyderabad for a short period of five months after marriage, where she was getting Rs.50,000.00 per month. The opposite party was posted as Captain in Spice Jet Airways till 31/3/2020, where he was drawing Rs.7.00 Lakh per month salary. He was screened due to onset of COVID-19 Pandemic from said job. He was working as Transition Captain since 16/3/2021; apart from salary from airline he is also getting additional income from cargo, S.S. travels Haridwar, franchise of DTDC and business in Nirma University Ahmedabad. She claimed Rs.3,50,000.00 per month as interim maintenance as well as to get an alternative accommodation on rent at the cost of opposite party.