In a criminal revision challenging interim maintenance granted under Section 125 Cr.P.C., the Allahabad High Court held the order was legal and non-pervr.
Criminal revision no. 1732 of 2022 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- CRIMINAL REVISION No. - 1732 of 2022
Revisionist :- Vijay Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ken Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Case called out in the revised list. None appeared to press this criminal revision on behalf of the revisionist. Learned AGA for the State is present.
This Criminal Revision is directed against the order24.3.2022 passed by Addl. Principal Judge, Family Court No. 1, Agra in Case No. 1010 of 2019 (Smt laxmi @ Lalitesh and others Vs Vijay Kumar) under Section 125 Cr.P.C. whereby the opposite parties nos. 2 (mother) & 3 (minor child) have been granted interim maintenance of Rs. 2000/- and 1500/respectively.
Indisputably, opposite party no. 2 is legally wedded wife of revisionist and the court below has only granted interim maintenance of Rs. 2000 to her and Rs. 1500/- to her daughter during the course of hearing on the application filed u/s 125 Cr.P.C., which cannot be said to be excessive in any circumstances of the case to meet both ends meal, and there are no illegality or perversity in the orders passed by the courts below.
From the perusal of the record, it emerges that the matter is still pending before the court below for final decision. The quashing of the order passed by the court below would amount to denial of justice to the opposite party nos. 2 & 3 who are the legally wedded wife and minor daughter of the revisionist. The revisionist has ample opportunity to adduce materials before the court below in corroboration of his submission and the court below will take into account while passing the final order.
This Court does not find any justifiable ground to interfere with the order passed by the court below. The impugned order is well in conformity in law and does not suffer from material illegality, irregularity, perversity and jurisdictional error.
The Criminal Revision is devoid of merit and is liable to be dismissed . It is accordingly dismissed.
Order Date :- 3.1.2023 RavindraKSingh
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the court below committed material illegality or perversity in granting interim maintenance under Section 125 Cr.P.C.
1 provisions across 1 enactments
Hon'ble Shekhar Kumar Yadav,J.
As recorded by the court registry
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