Smt.Kishwar Jahan vs The State Of U.P.
2012 Latest Caselaw 2060 ALL

Citation : 2012 Latest Caselaw 2060 ALL
Judgement Date : 22 May, 2012

Allahabad High Court

Smt.Kishwar Jahan vs The State Of U.P. on 22 May, 2012

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 247 of 1997
 

 
Petitioner :- Smt.Kishwar Jahan
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- K.A.Khan
 
Respondent Counsel :- Govt.Advocate,Anoop Srivastava,Avadhesh Kumar,N.L. Pandey
 

 
Hon'ble Ravindra Singh,J.

List is revised.

Sri Awadhesh Kumar, Sri Anoop Srivastava and Sri N.L. Pandey appearing on behalf of the O.P. No. 2 are not present.

Heard learned counsel for the revisionist and learned A.G.A. for the State of U.P.

This matter is listed as peremptorily.

This revision has been filed by the revisionist Smt. Kishwar Jahan against the judgment and order dated 11.9.1997 passed by learned III-Addl. Civil Judge (Jr.Div.), Sitapur in Criminal Case No. 344 of 1995 whereby the application under section 125 Cr.P.C. filed by the revisionist has been rejected.

From the perusal of the impugned judgement it appears that the trial court has not recorded any finding that the revisionist was wedded wife of O.P. No. 2 and there is no finding that she was able to maintain herself. The learned trial court has rejected the application under section 125 Cr.P.C. on the consideration of the other cases and the allegation. The learned trial court has considered some extraneous circumstances for rejecting the application under section 125 Cr.P.C. If the revisionist was ready to live with the O.P. No. 2 separately it may not be ground to reject the maintenance allowance because according to the law the divorcee is also entitled to get the maintenance allowance. The trial court has not committed manifest error in rejecting the application 125 Cr.P.C. because the revisionist is able to maintain herself and she is legally weded wife of O.P. No. 2. Therefore, the impugned order dated 11.9.1997 passed by learned III-Addl. Civil Judge (Jr.Div.), Sitapur in Criminal Case No. 344 of 1995 is hereby set aside and the matter is remitted to the court of learned Magistrate for passing a fresh order after affording the opportunity of being heard to both the parties in accordance with law.

Accordingly this revision is disposed of.

Order Date :- 22.5.2012

RPD