High Court dismissed this criminal revision against a Family Court order awarding Rs. 5,000 monthly maintenance to the wife despite the revisionist's absence and failure to deposit the directed interim amount.
The criminal revision against the maintenance order was dismissed.
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Neutral Citation No. - 2023:AHC:161567
Court No. - 79
Case :- CRIMINAL REVISION No. - 1158 of 2023 Revisionist :- Shashank Singh @ Chandan Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Amarjeet Yadav,Brijesh Kumar Yadav,Vibha Yadav
Counsel for Opposite Party :- G.A.,Ajay Dubey,Bhaiya Ghanshyam Singh
Hon'ble Vipin Chandra Dixit,J.
List has been revised.
No one is present on behalf of revisionist to press this revision.
In compliance of order dated 20.04.2023, the opposite party no.2, namely Smt. Archana Singh is present before the Court. Revisionist is absent.
This criminal revision has been filed by the revisionist against the order dated 07.02.2023 passed by Principal Judge, Family Court, Mau passed in Case No.- 619 of 2017 by which application filed by opposite party no.2 under Section 125 Cr.P.C. was allowed and the revisionist was directed to pay Rs. 5,000/- per month as maintenance to opposite party no.2, who is wife of revisionist.
This Court vide order dated 20.04.2023 directed the revisionist to deposit Rs. 1,00,000/- by way of demand draft in favour of opposite party no.2 before the Registrar General, High Court Allahabad within one month.
As per office report dated 09.08.2023, revisionist has failed to deposit the amount as directed vide order dated 20.04.2023.
Since the revisionist has failed to comply the order dated 20.04.2023 and no one is present on behalf of revisionist, it appears that revisionist has lost his interest to pursue this revision. The learned Family Court has awarded only Rs. 5,000/- per month to the wife as maintenance, which cannot be said to be excessive in any manner. No ground for interference is made out. The revision is devoid of merits and is liable to be dismissed.
The criminal revision is dismissed , accordingly.
Order Date :- 9.8.2023 Virendra
Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Family Court's award of Rs. 5,000 monthly maintenance is excessive and warrants revision.
Whether the revisionist's failure to deposit the directed amount implies abandonment of the revision.
1 provisions across 1 enactments
State of U.P.
Smt. Archana Singh
Vipin Chandra Dixit
Virendra Kumar Bhartheey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
