Km. Himani @ Anjali vs State Of U.P. And Anr.
2012 Latest Caselaw 1671 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- CRIMINAL REVISION No. - 1516 of 2012
 

 
Petitioner :- Km. Himani @ Anjali
 
Respondent :- State Of U.P. And Anr.
 
Petitioner Counsel :- Vishal Jaiswal
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

The present revision has been filed against the order dated 13.3.2012 passed by Additional Principal Judge, Family Court, Kanpur Nagar in criminal case No. 74 of 2011 in a proceedings under Section 127, Cr.P.C., whereby the Family Court has cancelled the maintenance awarded to the revisionist under Section 125, Cr.P.C.  on the ground that she has attained the age of majority.

Heard learned counsel for the revisionist and the learned A.G.A.

Learned counsel for the revisionist contends that the revisionist is an unmarried daughter of the opposite party no. 2 and she is unable to sustain herself, therefore, order impugned is bad in law.  In support of his contention, learned counsel for the revisionist has relied upon the judgment of this Court in the case of "Smt. Raj Kumari Awasthi & Another Vs. State of Uttar Pradesh & Another" reported in 2008 (3) ALJ 100.

Issue notice to the respondent no. 2 returnable within four weeks. Steps be taken within a week.

Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The respondent no.2 may also file counter affidavit within the said period. As prayed by the learned counsel for the petitioner two week thereafter is granted for filing rejoinder affidavit.

List after expiry of the aforesaid period.

Till the next date of listing, operation of the order dated 13.3.2012 shall be kept in abeyance.

Order Date :- 14.5.2012

faraz