In a criminal revision filed for enhancement of maintenance allowance granted under Section 125 Cr.P.C., the Allahabad High Court dismissed the petition.
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Court No. - 88
Case :- CRIMINAL REVISION No. - 2495 of 2006
Revisionist :- Smt. Rachana Rajauria Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Kamini Pandey,Ajay Dubey Counsel for Opposite Party :- Govt. Advocate
Hon'ble Syed Aftab Husain Rizvi,J.
Case taken up in the revise list.
None is present for the revisionist or for opposite party no.2.
State is represented through learned AGA.
This criminal revision is filed against the judgment and order dated 20.03.2006 passed by Family court, Agra in case no.264 of 2005 (Smt. Rachana Rajauriya vs. Jayesh Rajauria) under section 125 Cr.P.C., P.S.Tajganj District Agra.
Learned court below has allowed the maintenance application of revisionist and granted Rs.3000/- per moth maintenance to her. This revision has been filed for enhancement of the amount of maintenance allowance.
The impugned order dated 20.03.2006, more than 16 years have passed and circumstances must have been changed. The revisionist has a remedy to move application for enhancement of maintenance allowance in the change circumstances before the court below itself.
With the aforesaid observation, this revision is hereby dismissed .
Order Date :- 12.12.2022 C. MANI
Digitally signed by CHANDRAMANI VERMA Date: 2022.12.13 17:21:37 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court can enhance maintenance allowance in a criminal revision filed under Section 125 Cr.P.C. when more than 16 years have passed since the impugned order.
Whether the proper remedy for enhancement of maintenance in changed circumstances is before the Family Court itself by way of application.
1 provisions across 1 enactments
Smt. Rachana Rajauria
State of U.P.
Jayesh Rajauria
Syed Aftab Husain Rizvi
As recorded by the court registry
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