In Criminal Revision No. 312 of 2013, the Allahabad High Court dismissed the revision filed by the husband challenging a Family Court order awarding maintenance to his legally wedded wife.
Revision petition dismissed; original order dated 10.4.2013 confirmed.
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Court No. - 13
Case :- CRIMINAL REVISION No. - 312 of 2013
Revisionist :- Surya Bakash Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dinesh Upadhyay Counsel for Opposite Party :- Govt. Advocate
Hon'ble Karunesh Singh Pawar,J.
Case called out. None appears for the revisionist and respondent No.2. Learned A.G.A. is present.
The revision petition has been filed against order dated 10.4.2013, passed by Principal Judge, Family court, Faizabad in case No.228 of 2008 under section 125 CrPC Smt. Neetu Singh versus Surya Bakash Singh, whereby a sum of Rs.800/per month has been directed to be paid to private respondent No.2 as maintenance amount.
It is not in dispute that the private respondent is legally wedded wife of the revisionist. The revisionist is not maintaining her and further he is not keeping her with him. After oral evidence as well as considering the monthly income of the revisionist, the court below came to conclusion that the revisionist is entitled for maintenance. Thus, a meagre amount of Rs.,800/- per month has been directed to be paid by the revisionist to private respondent.
On due consideration to the entire evidence led before the trial court as well as other material on record, I am of the opinion that the learned Family court has rightly awarded the maintenance to be paid to respondent No.2. There is no jurisdictional error in the order impugned.
Accordingly, the revision is dismissed.
Order Date :- 10.3.2022 kkb/
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.03.14 18:25:12 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the Family Court committed jurisdictional error in awarding maintenance.
Whether the impugned order dated 10.4.2013 warrants revision.
1 provisions across 1 enactments
Surya Bakash Singh
State of U.P.
Smt. Neetu Singh
Karunesh Singh Pawar
As recorded by the court registry
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