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Allahabad High Court

FARUQ KHANversusState of U.P. AND 2 ORS.

Decided

Holding

The maintenance awarded to the wife is reduced to Rs 4,000 per month, as the original amount was not proportionate to the husband's uncertain income.

Summary

The revisionist Faruq Khan appealed the Family Court's order directing him to pay Rs 5,000 per month to his wife and Rs 1,000 to his son under Section 125 of the Criminal Procedure Code. He contended that, as a labourer and small farmer with an uncertain income of about Rs 4,000‑5,000 per month, the award was beyond his means. The State argued that he owned 100 bighas of land and could afford the amount, while the wife indicated she would not object to a reduction. The High Court, relying on Supreme Court precedents, held that maintenance must be reasonable and proportionate to the husband's actual earning capacity. Consequently, the Court reduced the wife's maintenance to Rs 4,000 per month, leaving the son's amount unchanged, and partially allowed the revision.

Issues considered

  • Whether the maintenance amount of Rs 5,000 per month awarded to the wife under Section 125 CrPC is commensurate with the husband's actual income and financial capacity.

Legislation cited

Subjects

  • maintenance
  • Section 125 CrPC
  • family law
  • revision
  • financial capacity
  • husband-wife obligations

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD

                    CRIMINAL REVISION No. - 600 of 2019

Faruq Khan
                                                                .....Revisionist(s)
                                    Versus
State Of U.P. And 2 Ors.
                                                            .....Opposite Party(s)

Counsel for Revisionist(s)      :   Ravi Shankar Tripathi, Tahir Husain Farooqui
Counsel for Opposite Party(s)   :   G.A., Ikram Ahmad

Court No. - 85
                 HON'BLE JAI KRISHNA UPADHYAY, J.

1. This criminal revision has been filed by the
revisionist - Faruq Khan with the prayer to set
aside the order dated 8.1.2019 passed by the
Principal Judge, Family Court, Budaun in Criminal
Misc. Case No. 941 of 2017 (Smt. Gulista and
another   vs.    Faruq   Khan)),    under   Section
125 Cr.P.C., P.S. Usait, District Budaun whereby
the learned Trial Court directed the revisionist to
pay Rs. 5,000/- per month to the opposite party
no.2 - wife and Rs. 1000/- per month to the
opposite party no.3-son from the date of order.

2.   Heard Sri Tahir Husain Farooqui, learned
counsel for the revisionist, Ms. Kahkashan Bano,
Advocate holding brief for Shri Ikram Ahmad,
learned counsel for opposite party nos. 2 and 3,
and the learned A.G.A. for the State.

3. Learned counsel for the revisionist submitted
that the revisionist is a labourer and earns a
meager amount.   Though the revenue records were
produced by the opposite party no.2 before the
trial court but the owner of the maximum land is
his father and mother. The revisionist earns about
Rs.4000/- - Rs. 5,000/- per month and sometimes he
does not earn anything at all, making it extremely
difficult for him to meet even his basic livelihood
                                      CRLR No. 600 of 2019
                     2


expenses. It is also submitted that the revisionist
is   living  separately   from  his   other  family
members. He is not in a position to give such huge
amount of maintenance to the opposite party nos. 2
and 3 and the court concerned has wrongly assessed
the income of the revisionist while passing the
impugned order. Hence, the maintenance amount
awarded by the trial court to the wife may be
reduced from Rs. 5,000/- to Rs. 4,000/-.

4. Though the learned A.G.A. opposed the prayer
and contended that the revisionist earns a handsome
income and he is the owner of 100 bighas of land.
Considering the present inflation, the amount
awarded by the learned Trial Court cannot be said
to be excessive or beyond the capacity of the
revisionist. It is further submitted that the
revision lacks merits and is liable to be
dismissed. However, Ms. Kahkashan Bano, Advocate
holding brief for Shri Ikram Ahmad, learned counsel
for opposite party nos. 2 and 3 states that if the
Court reduces the maintenance amount from Rs.
5,000/- to Rs. 4,000/-, she has no objection.

5. Considering the facts and circumstances of the
case, the submissions of learned counsel for the
parties, and the record of the case including the
impugned order, it is an admitted fact that
opposite party no. 2 is the legally wedded wife of
the revisionist. As regards the income of the
revisionist, it is admitted that he is a labourer
and farmer and his income is uncertain. In the
absence of any reliable material showing a fixed or
stable income, and keeping in view the principles
laid down by the Hon'ble Supreme Court in Rajnesh
vs. Neha, (2021) 2 SCC 324, Kalyan Dey Chowdhury
vs. Rita Dey Chowdhury Nee Nandy, AIR 2017 SC 2383
and Kulbhushan Kumar vs. Raj Kumar, (1970) 3 SCC
129, the amount of maintenance must be reasonable
                                                                          CRLR No. 600 of 2019
                                                         3


                                    and proportionate to the paying capacity of the
                                    husband. The learned counsel for the opposite party
                                    nos. 2 and 3 has also submitted that if the Court
                                    reduces   the  maintenance   amount,  she  has   no
                                    objection.

                                    6.   In view of the above, this Court is of the
                                    opinion that the maintenance amount of Rs. 5,000/-
                                    per month awarded to opposite party no. 2 from the
                                    date of the judgment is not commensurate with the
                                    uncertain   and    fluctuating   income    of   the
                                    revisionist. It is true that it is the legal
                                    obligation of a husband to maintain his wife, but
                                    the amount of maintenance must be reasonable and
                                    within his financial capacity. Therefore, the
                                    maintenance awarded by the Family Court appears to
                                    be on hire side to some extent and deserves to be
                                    modified. Accordingly, the amount of maintenance is
                                    reduced to Rs. 4,000/- per month to the opposite
                                    party no.2 - wife from the date of the judgment.
                                    The maintenance amount awarded to the opposite
                                    party no.3-son is not interfered with.

                                    7. Accordingly, the present criminal revision is
                                    partly allowed. The amount of maintenance is
                                    reduced from Rs. 5,000/- per month to Rs. 4,000/-
                                    per month to the opposite party no.2 from the date
                                    of the judgment.

                                    October 1, 2026
                                    safi
                                                              (Jai Krishna Upadhyay,J.)




Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad


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