Court No. - 44
Case :- CRIMINAL REVISION No. - 1782 of 2018 Revisionist :- Suresh Chauhan And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Janardan Yadav, learned counsel for the revisionists and the learned A.G.A. for the State.
This criminal revision has been field challenging the order dated 27.2.2018 passed by the Appellate Court i.e. the Additional Sessions Judge, Court No. 2, Azamgarh in Criminal Appeal No. 153 of 2017 (Suresh Chauhan and others Vs. Kumari Sanjana Chauhan), arising out of the order dated 15.11.2017 passed by the Additional Chief Judicial Magistrate, Court No. 12, Azamgarh in Complaint Case No. 254 of 2016 (Sanjana Chauhan Vs. Suresh Chauhan and others), under section 12 of the Protection of Women From Domestic Violence Act, 2005, Police Station Jiyanpur, District Azamgarh.
The only submission urged by the learned counsel for the revisionist is that the Court below has awarded a sum of Rs. 2,000/- as maintenance per month payable to the opposite party No. 2. However, the liability to pay the aforesaid amount of maintenance has been fastened on all the family members, whereas the same should have been confined only to the husband of the opposite party No. 2 namely Suresh Chauhan, the revisionist. The submission so urged is of substance. Admittedly, the liability to maintain the wife is primarily upon the husband. Even under the provision of Code of Criminal Procedure as well as under the Hindu Marriage Act, the liability to maintain the wife is always fastened upon the husband.
This being the legal position, the orders passed by the Trial Court as well as the Appellate Court requires modification. Accordingly, it is provided that the amount of maintenance of Rs. 2000/- awarded by the Court below shall be paid by the revisionist No. 1 Suresh Chauhan, the husband of the opposite party No. 1. Both the orders stand modified accordingly.
With the aforesaid direction, the present criminal revision is partly allowed.
Order Date :- 28.5.2018/HSM