Nizam Alias Nizamuddin v. State of U.P. and 2 Others

Court No. - 79 Case :- CRIMINAL REVISION No. - 3284 of 2023 Revisionist :- Nizam Alias Nizamuddin Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Surendra Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Vipin Chandra Dixit,J. Heard Sri Surendra Prasad Mishra, learned counsel for the revisionist and learned AGA for the State. Perused the record. This criminal revision has been filed against the order dated 19.5.2023 passed by learned Principal Judge, Family Court, Amroha in Complaint Case No. 192 of 2022 (Smt. Jainab and another vs. Nizam alias Nizamuddin), Police Station Saidnagli, District Amroha, by which application filed by opposite party no.2 under Section 125 Cr.P.C. was partly allowed and the revisionist was directed to pay maintenance of Rs.3000/- per month to wife-opposite party no.2 and Rs.1000/- per month to minor son-opposite party no.3 from the date of application i.e. 6.4.2022. Learned counsel for the revisionist submits that learned Family Court has awarded very excessive amount of maintenance without considering income as also comparative hardship of the revisionist. Keeping in mind the spiraling inflation rate and high cost of living index, this Court is of the view that maintenance amount of Rs.3000/- per month awarded by the Family Court in favour of opposite party no.2 and Rs.1000/- per month in favour of opposite party no.3, cannot be said to be excessive. In view of above, there is no illegality, infirmity or perversity in the impugned order which may warrant any interference by this Court. The criminal revision filed by husband is liable to be dismissed. The criminal revision is dismissed, accordingly. However, it is provided that entire arrears as on date, shall be paid by the revisionist in six equal monthly installments to opposite party nos. 2 & 3, failing which it is open for the opposite party nos.2 & 3 to get the award passed by the learned Family Court executed. Order Date :- 4.12.2023 P.P. High Court of Judicature at Allahabad