Viresh Yadav vs State Of U.P. & Others
2012 Latest Caselaw 6015 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17700 of 2012
 

 
Petitioner :- Viresh Yadav
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Mohit Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Manoj Misra,J.

I have heard learned counsel for the petitioner and the learned A.G.A. for the State.

By this writ petition, the petitioner has challenged the order dated 07.06.2012 passed by the Additional Sessions Judge, Court No.2, Badaun in Criminal Revision No. 255 of 2011 as also the order dated 07.04.2011 passed by the Judicial Magistrate, Court No.2, Badaun in Maintenance Case No. 237 of 2010, whereby maintenance has been awarded to the opposite party No.2 (the wife of the petitioner) and to the opposite party No.3 (the minor daughter of the petitioner) at the rate of Rs. 800/- and Rs. 600/- per month respectively with effect from the date of the order.

The only submission advanced by the learned counsel for the petitioner is that the court below has awarded maintenance without assessing the income of the petitioner. It has been contended that the maintenance has been awarded merely on account of legal liability of the husband to maintain his wife and minor child.

The aforesaid contention of the learned counsel for the petitioner cannot be accepted inasmuch as a husband is under a legal duty to maintain his wife and minor children. Since the maintenance awarded is bare minimum, I do not find any illegality in the order passed by the court below.

The writ petition is dismissed.

Order Date :- 12.12.2012

Sunil Kr Tiwari