The High Court dismissed a criminal revision challenging a maintenance award of Rs. 2,500 to the wife, holding that the lower court correctly considered the appellant's pension and had no manifest error.
Revision petition rejected; original order of the Family Court upholding maintenance of Rs. 2,500.
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Court No. - 72
Case :- CRIMINAL REVISION No. - 208 of 2018
Revisionist :- Rohtash Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Mr Kaustubh Srivastava,A/K0142 Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
List is being revised. Nobody is present on behalf of the revision applicant to press this revision petition.
This revision petition is directed against the order dated 21.11.2017 passed by Judge, Family Court/ Fast Track Court No. 1, Meerut awarding the maintenance of Rs. 2,500/- towards the wife from the date of application dated 23.02.2015.
The revision applicant has assailed the order impugned on the ground that learned Judge has failed to appreciate the facts on record and that the applicant being physically handicapped upto 75% and was only receiving a pension which was sufficient towards his medical expenses only.
Having gone through the order passed by Judge, Family Court, Meerut, I find that the court has considered the amount of post retirement pension which is being received by the applicant and therefore, in the opinion of the Court, the court has rightly concluded that the son having gone major, the duly wedded wife is entitled for maintenance and ordered Rs. 2,500/-.
Accordingly, I do not find any manifest error in the order passed by Judge, Family Court, Meerut and decline to interfere in the said order.
Revision lacks merit and is accordingly dismissed .
Consigned to record.
Order Date :- 2.1.2019 IrfanUddin
2 issues framed by the court
Whether the learned Family Court erred in awarding maintenance to the reverved wife despite the appellant's physical handicap and pension.
Whether the court below failed to appreciate the appellant's inability to maintain himself due to his 75% physical disability.
Rohtash
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
