The High Court allowed a criminal revision enhancing maintenance from Rs. 1,500 to Rs. 2,500 per month, directed against the opposite party who is employed and healthy, acknowledging the revisionist's lack of income.
Opposite Party No. 2 directed to pay Rs. 2,500/- per month as maintenance allowance from the date of the order.
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Court No. - 77
Case :- CRIMINAL REVISION No. - 415 of 2015
Revisionist :- Smt. Manju Shukla Opposite Party :- State of U.P. and Another Counsel for Revisionist :- S.R. Verma,Deepak Kumar Verma,Somendra Singh Counsel for Opposite Party :- Govt.Advocate,Ashish Srivastava,S.P.Srivastava
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State and Sri S.P. Srivastava, learned counsel for O.P. No. 2.
The present criminal revision has been filed with a prayer to set aside the impugned order dated 6.11.2014 passed by learned Addl. Principal Judge, Family Court, Kanpur Nagar, passed in Criminal Case No. 02 of 2011, Smt. Manju Shukla Vs. Sanjay Shukla, under section 127 In part to enhance the maintenance amount allowed in the tune Rs. 1,500 to Rs. 5,000/- per month.
Considering the facts and submissions made by learned counsel for the revisionist that revisionist has no independent source of livelihood and income which has not been denied as such O.P. NO. No. 2 who is still hail and hearty young man and is employee of Lohiya Machine Factory, it is directed that O.P. No. 2 shall pay Rs. 2,500/- per month from the date of passing this order as maintenance allowance to the revisionist as the revisionist has no source of income.
Accordingly, this revision is allowed.
Order Date :- 7.12.2021 RPD
2 issues framed by the court
Whether maintenance amount should be enhanced when revisionist has no independent source of livelihood
Whether revision against family court order enhancing maintenance can be allowed
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
