Partly allowed

Smt. Aditi Mishra and Another v. State of U.P. and Another

Allahabad HC6 Jan 2023CRLR/3545/2022

Case brief

AI extract

What is this about?

This criminal revision challenged an order enhancing interim maintenance from Rs.5,000 to Rs.40,000 under Section 125 Cr.P.C. The court dismissed the revision, finding the trial court's order supported by cogent reasons. The revision was dismissed but the trial court was directed to conclude proceedings within six months.

What did the court decide?

The criminal revision was dismissed; however, the trial court was directed to conclude the pending proceeding within six months.

Smt. Aditi Mishra and Another Vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2023)

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Court No. - 68

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Case :- CRIMINAL REVISION No. - 3545 of 2022

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Revisionist :- Smt. Aditi Mishra And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Lovekush Kumar Mishra,Prabhakar Tripathi

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Counsel for Opposite Party :- G.A.,Birendra Singh,Yash Pratap Singh

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the revisionists, learned AGA for the State, Mr. Birendra Singh, learned counsel for the opposite party no.2 and perused the record.

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The instant revisionist has been filed against the impugned judgement and order dated 04.08.2022 passed by Additional Principal Judge, Family Court No.3, Agra in Maintenance Case No.499 of 2019, under Section 125 Cr.P.C., Police Station Hariparwat, District Agra for enhance the interim maintenance amount from Rs.5000/- to Rs.40,000/-.

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Learned counsel for the revisionists has submitted that the opposite party no.2 is husband of revisionist no.1 and is earning huge money from his online business in the field of Vadic Kundali, Numerology, Loshu-Grid and Palmistry who himself claims to be a scientific Astro Pahal. The opposite party no.2 is also working as spiritual seeker and meditation trainer and is also earning huge money but the trial court while passing the interim maintenance order has committed manifest error of law and the same has been passed without considering the evidence and facts available on record, hence, the same may be enhanced as prayed for.

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Per contra, learned A.G.A. as well as learned counsel for the opposite party no.2 have drawn the attention towards the finding of the court below wherein it is admitted that the revisionist no.1 is a government teacher and getting salary of Rs.25,000/- but presently she is getting salary of Rs.45,000/per month which is more than the income of the husband.

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After having heard the learned counsel for the parties present and perused the impugned order as well as material brought on record, I am of the view that the impugned order is based upon relevant consideration and supported by cogent reasons, the same does not suffer from any irregularity, illegality or infirmity requiring any interference by this Court.

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The revision fails and is hereby dismissed. The revision is, accordingly, dismissed .

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However, considering the facts of the case, the trial court is directed to conclude the proceeding pending before it, in accordance with law, expeditiously, preferably within a period of six months from the date of production of certified copy of this Court, if there is no legal impediment.

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Order Date :- 6.1.2023

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Ajeet

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Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad

Smt. Aditi Mishra and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt. Aditi Mishra and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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