Court reduced enhanced maintenance awarded under S. 125 Cr.P.C to Rs. 3,000 p.m. as ordered previously, dismissing the revision to find the default on the wife's appearance. Ruby
Enhanced maintenance reduced to Rs. 3,000 per month as per previous order dated 26.11.2008.
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Court No. - 55
Case :- CRIMINAL REVISION No. - 3625 of 2006
Revisionist :- Shree Krishna Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- R.B. Sahai Counsel for Opposite Party :- Govt. Advocate,A.K. Sinha
Hon'ble Pradeep Kumar Srivastava,J.
Supplementary affidavit filed today by learned counsel for revisionist is taken on record.
Shri R.B.Sahai, learned counsel for revisionist and learned A.G.A are present.
From the perusal of the order sheet, it appears that opposite party no. 2 has been already served and her counsel put in appearance but it appears that from the last few dates, only learned counsel for revisionist is appearing and none is appearing on behalf of the wife.
Heard on criminal revision.
This revision has been filed against the order and judgement dated 27.05.2006 passed by Civil Judge (S.D), Court no-18, Deoria in Misc. case no. 23 of 2005, under Section 127 Cr.P.C (Smt. Leelawati Vs. Sri Krishna) and by impugned order the lower court below enhanced the maintenance awarded to opposite party no. 2 under Section 125 Cr.P.C from Rs. 200/monthly to Rs. 5,000/- p.m.
The submission of the learned counsel is that the revisionist is regularly paying Rs. 3,000/- monthly to opposite no. 2, in compliance of the order of this Court dated 26.11.2008.
The learned counsel has submitted that the revisionist is getting salary of Rs. 7,959/- only and out of that salary Rs. 5,000/- if directed to be paid to the wife, nothing will be left for the husband for his survival. He is an old aged person, retired from service and is suffering from several kind of ailments.
Further submission of the learned counsel is that he is prepared to pay Rs. 3,000/- p.m as directed by this Court vide order dated 26.11.2008 and to that extent the said enhancement order may be modified.
Considering the facts in entirety and also keeping in view that
none is appearing from the side of wife and a certain enhancement of the maintenance from Rs. 200/- p.m to Rs. 5,000/- p.m, I find that the enhanced maintenance of Rs. 5,000/p.m should be reduced to Rs. 3,000/- p.m as provided in the order of this Court dated 26.11.2008.
With this modification the revision is finally disposed of.
Copy of this order shall be send to the learned court below for information and necessary compliance.
Order Date :- 10.12.2019 PS
2 issues framed by the court
Whether the enhanced maintenance award should be modified to reflect the revisionist's existing payment order.
Whether the revisionist's financial status justifies reduction of the enhanced maintenance.
2 provisions across 1 enactments
State of U.P.
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
