So far as regard the house rent allowance awarded by the family court, is not just and proper. It is admitted fact that the respondent No. 2 is an Assistant Professor in NIFT and as per income tax return of assessment year 2018-2019, the annual gross total income of the opposite party No. 2 is Rs. 13,73,902/-. This is also an admitted fact that the opposite party No. 2 is presently living at her parental house alongwith her two daughters and as per salary slip, she also get the house rent allowance.{Para 29}
30. Since the opposite party No. 2 have already got the house rent allowance so, in my opinion, house rent allowance is not permissible under the maintenance allowance. Hence, the judgement and order of the family court regarding Rs. 20,000/- as rent allowance is liable to be quashed. It is also pertinent to mention that the rent allowance is also not come in the purview of maintenance allowance under section 125 Cr.P.C.
In the High Court of Allahabad
(Before Suresh Kumar Gupta, J.)
Ankur Gupta Vs State of U.P.
Criminal Revision No. - 2541 of 2019
Decided on March 3, 2021,
Citation: 2021 SCC OnLine All 189
The Order of the Court was delivered by
Print Page