The High Court allowed a criminal revision challenging the Family Court's rejection of a Section 125 Cr.P.C. application due to lack of evidence. The Court set aside the impugned order and remanded the matter for fresh decision after providing adequate hearing opportunities.
Matter remanded to Family Court for fresh decision.
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Neutral Citation No. - 2024:AHC:191005
Court No. - 87
Case :- CRIMINAL REVISION No. - 1167 of 2024
Revisionist :- Smt Mamta Saini Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Awadhesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Manjive Shukla,J.
Additional Principal Judge, Family Court, Moradabad in Criminal Misc. Case No. 489 of 2020 (Smt. Mamta Saini Vs. Akshay Saini @ Hony) is hereby set aside and the matter is remanded to the Additional Principal Judge, Family Court, Moradabad to decide the application filed by the revisionist under Section 125 Cr.P.C. afresh after providing adequate opportunity of hearing to all the concerned parties.
Order Date :- 5.12.2024 Gaurav
Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Family Court ought to have decided quantum of maintenance on general income despite lack of salary slips.
1 provisions across 1 enactments
Smt Mamta Saini
State of U.P.
Akshay Saini @ Hony
Manjive Shukla
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
