Allowed

Smt. Preeti Verma v. State of U.P and Another

Allahabad HC9 Aug 2023CRLR/1465/2023

Case brief

AI extract

What is this about?

In this criminal revision filed by a deserted woman against an order dismissing her maintenance application under Section 125 Cr.P.C. for non-prosecution, the High Court considered the delay tactics of the husband and the revisionist's lack of income and health issues. The Court held that the revisionist deserves relief and allowed the criminal revision.

What did the court decide?

The impugned order dismissing the maintenance application under Section 125 Cr.P.C. is set aside and the matter is remanded to the lower court for fresh disposal within six months.

Smt. Preeti Verma Vs State of U.P and… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:161701

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Court No. - 79

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Case :- CRIMINAL REVISION No. - 1465 of 2023

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Revisionist :- Smt. Preeti Verma Opposite Party :- State Of U.P And Another Counsel for Revisionist :- Ram Sajiwan Prajapati,Manjeet Kumar Counsel for Opposite Party :- G.A.,Mukesh Kumar

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Ram Sajiwan Prajapati, learned counsel for the revisionist, learned A.G.A. for the State and Sri Hanuman Prasad, learned Advocate holding brief of Sri Mukesh Kumar, learned counsel for the opposite party no.2.

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This criminal revision has been filed by the revisionist against the order dated 22.12.2022 passed by Additional Principal Judge/Family Court No. 3, Agra in Case No. 871 of 2016 by which the application filed by revisionist under Section 125 Cr.P.C. was dismissed for non-prosecution.

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It is submitted by learned counsel for the revisionist that the revisionist had filed application under Section 125 Cr.P.C. claiming maintenance against opposite party no.2, who is husband of revisionist in the year 2016 and the maintenance case was pending for last six years. The opposite party no.2, who is husband of revisionist has put in appearance before the Family Court but on account of delaying tactics adopted by opposite party no.2, the maintenance case could not be decided. The revisionist could not appear before the Family Court for last 2-3 dates as she was undergoing treatment of physiotherapy, a certificate issued by Shivanjali Physiotherapy Clinic dated 28.12.2022 has been filed along with supplementary affidavit. It is further submitted that the revisionist is having no source of income and is facing great financial hardship.

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On the other hand, learned counsel for the opposite party no.2 submits that the learned Family Court has rightly passed the order dated 22.12.2022 by which the application filed by revisionist under Section 125 Cr.P.C. was dismissed.

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Considering the rival submissions of learned counsel for the parties, and on perusing the evidence and materials, which are

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available on record and taking a lenient view in the matter, as the revisionist is deserted woman, the criminal revision is liable to be allowed.

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The criminal revision is allowed and the order dated 22.12.2022 passed by Family Court is set aside and the matter is remanded back to the court below to decide the application filed by revisionist under Section 125 Cr.P.C. as fresh after affording opportunity of hearing to the parties concerned within a period of six months from the date of production of certified copy of this order, unless there is any legal impediment.

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Order Date :- 9.8.2023 Virendra

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Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad

Smt. Preeti Verma v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Smt. Preeti Verma v. State of U.P and Another

Case brief

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What did the court decide?

What the court decided

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