Ankit @ Deepak v. Gunjan
Case brief
What is this about?
Criminal revision dismissed where impugned Section 125 Cr.P.C. maintenance order of Rs.5,000/month allowed despite divorce and mediaton success; arrear granted in installments.
What did the court decide?
Revision dismissed. Revisionist granted opportunity to pay arrear of maintenance from 8.9.2014 to 31.8.2023 in six equal monthly installments. Future maintenance of Rs.5,000/month from 10.9.2023.
What the court decided
Neutral Citation No. - 2023:AHC:162460
Court No. - 50
Case :- CRIMINAL REVISION No. - 675 of 2018
Revisionist :- Ankit @ Deepak Opposite Party :- Gunjan Counsel for Revisionist :- Pradeep Kumar Maurya,Amar Bahadur Maurya,Chandra Sen Pal Counsel for Opposite Party :- Vishal Agarwal,Manish Kumar Tripathi
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the revisionist, learned counsel for the opposite party No.1, learned AGA for the State and perused the material placed on record.
Pleadings have already been exchanged between the parties.
Instant criminal revision has been preferred against the impugned judgement and order dated 8.9.2014, passed by learned Lower Revisional Court of Principal Judge, Family Court, Hathras, in Application No.250 of 2014, under Section 125 Cr.P.C., (Gunjan Vs. Ankit @ Deepak), whereby the revisionist is directed to pay Rs.5000/- per month as maintenance to present opposite party No.1, who is his wife.
Learned counsel for the revisionist submitted that this is admitted fact that marriage of revisionist and respondent No.1 was solemnized on 16.2.2008 in the village of respondent No.1. No child was born out of their wedlock. Relationship between husband and wife got strained in the course of time and they parted their ways. A divorce suit was filed by the revisionist in the year 2015 in the Court of Family Court, Mathura and same was decreed by the Court on 13.2.2017, thus the relationship of husband and wife, no longer subsisting since 13.2.2017. The respondent No.1 also lodged a criminal case against the revisionist under Section 498-A, 323, 504, 506 IPC and 3/4 of D.P. Act, which was referred to Mediation Center and mediation has become successful, which was referred by this Court in a petition under Section 428 Cr.P.C. filed by the revisionist. The impugned order is ex-parte order, wherein, the revisionist has not been afforded any opportunity of hearing. The respondent No.1 is having independent source of income as she operates a beauty parlour and earns sufficiently
Issues for consideration
2 issues framed by the court
Whether the criminal revision against the maintenance order passed under Section 125 Cr.P.C. is maintainable.
Whether the quantum of maintenance amount of Rs.5,000/- awarded in the impugned order should be reduced due to change in circumstances.
Parties & counsel
- appellant
Ankit @ Deepak
- respondent
Gunjan
Coram
Ram Manohar Narayan Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- CRLR/675/2018
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