Allowed

Rajesh Kumar Singh v. State of U.P. and Another

Allahabad HC8 May 2018CRLR/1203/2016

Case brief

AI extract

What is this about?

In this criminal revision, the court revisited the maintenance order against the husband. Considering the husband's low income as manual labour and existing family assets, the court reduced the monthly maintenance amount from Rs. 5,000 to Rs. 3,000.

What did the court decide?

Maintenance amount reduced from Rs. 5,000/- to Rs. 3,000/- per month from the date of application presentation.

Rajesh Kumar Singh Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2018)

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Court No. - 28 Case :- CRIMINAL REVISION No. - 1203 of 2016 Revisionist :- Rajesh Kumar Singh Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Chandra Prakash Tiwari Counsel for Opposite Party :- G.A.,Ravindra Kumar Mishra

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Hon'ble Umesh Chandra Tripathi,J.

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List has been revised. No one is present on behalf of revisionist to argue the case.

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Heard Shri S. K. Pathak holding brief of Shri R. K. Mishra, learned counsel for Opposite Party No. 2 and learned A.G.A. for State.

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This criminal revision has been preferred against the judgment and order dated 31.03.2016 passed by Principal Judge, Family Court, Mahoba in Case No. 205/2006 ( Smt. Poonam Singh Vs. Rajesh Kumar Singh), whereby application of applicant Smt. Poonam Singh under Section 125 Cr.P.C. was allowed and revisionist Rajesh Kumar Singh was directed to pay Rs. 5000/- per month maintenance to his wife Smt. Poonam from the date of presentation of application under Section 125 Cr.P.C. before court.

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The brief facts of the case are that Smt. Poonam Singh was married with Rajesh Kumar Singh in June 1987, thereafter, she went to her matrimonial home. She was subjected to cruelty and harassed by her-in-laws for demand of dowry. Ultimately in the Year 2004, her husband and her-in-laws have beaten her brutally and compelled to leave her matrimonial home. Since then, she is living at her parental home. She has no means to maintaining herself. Her husband and her father-in-law is the owner of agricultural land of about 70 Bigha. Her father-in-law is retired conductor and draws the pension of Rs. 6000/- per month. Her husband also gets salary approximately Rs. 7000/- per month from service. Marriage of Smt. Poonam with Rajesh Kumar Singh is admitted by Rajesh Kumar Singh but he denied other allegations, levelled by his wife Smt. Poonam against him.

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On the basis of evidence on record, learned family court passed the impugned order.

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In revision, it is pleaded that learned Trial Court has failed to consider the liability and responsibility of the revisionist attached with his family members and passed impugned order without properly appreciating the evidence on record.

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Learned A.G.A. contended that there is no illegality in the impugned order passed by court below.

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Revisionist is not the owner of agricultural land, his father is the owner of agricultural land. Rajesh Kumar Singh admitted this fact that he is manual labour and earns only Rs. 2000/- per month. In such circumstances, the maintenance amount granted to Smt. Poonam is excessive.

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Considering the facts and circumstances of the case, it would be appropriate to reduce the maintenance amount granted to Smt. Poonam Singh to Rs. 3000/- per month from Rs. 5000/per month.

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Accordingly, instant criminal revision is allowed.

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Revisionist Rajesh Kumar Singh is directed to pay Rs. 3000/- per month maintenance to his wife Smt. Poonam Singh from the date of presentation of application under Section 125 Cr.P.C. before Family Court.

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Order Date :- 8.5.2018/Sharad/-

Rajesh Kumar Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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