In this criminal revision under Section 125 Cr.P.C., the court dismissed the petition against a maintenance order of Rs. 300 per month, finding no illegality or ground for interference given the respondent's income.
Impugned order not interfered with; criminal revision dismissed.
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Court No. - 41
Case :- CRIMINAL REVISION No. - 48 of 1999
Revisionist :- Smt. Rekha Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- R.B.Sharma Counsel for Opposite Party :- Govt.Advocate,Ram Lakhan Kanoujia
Hon'ble Aniruddha Singh,J.
Case called out in revised list. None is present on behalf of revisionist and learned counsel for opposite party no. 2. Learned A.G.A. is present.
This criminal revision has been filed against judgment and order dated 28.9.1998 passed by Judge, Family Court, Bareilly in Case No. 829 of 1995 (Smt. Rekha Vs. Avanesh Kumar) under Section 125 Cr.P.C. and directing the opposite party no. 2 to pay Rs. 300/- per month to the revisionist from order dated 28.9.1998.
From the perusal of record shows that in this revision, revisionist has demanded Rs. 500/- per month from the date of application dated 13.10.1995. Rs. 300/- per month was awarded by the court concerned, Rs. 500-/ is maximum limit of maintenance. At that time, monthly income of opposite party no. 2 was Rs. 1200/- to Rs. 1500/due to which Rs. 300/- per month was awarded to the revisionist. No relevant papers was filed by the revisionist to show that opposite party no. 2 was earning Rs. 20,000/monthly.
There is no illegality, irregularity or propriety of any proceedings or incorrectness in the impugned order. I do not find any good ground to allow the revision.
Therefore impugned order should not be interfered with in revision.
Revision is accordingly, dismissed.
Certify this judgment to the lower court immediately.
Order Date :- 7.7.2018
A. Singh
1 issue framed by the court
Whether the impugned order fixing maintenance at Rs. 300 per month was illegal, irregular, or erroneous.
1 provisions across 1 enactments
Smt. Rekha
State Of U.P.
Another
Aniruddha Singh
As recorded by the court registry
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