Satyendra Singh vs Kanchan Singh
2013 Latest Caselaw 1999 ALL

Citation : 2013 Latest Caselaw 1999 ALL
Judgement Date : 13 May, 2013

Allahabad High Court

Satyendra Singh vs Kanchan Singh on 13 May, 2013

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 893 of 2005
 

 
Petitioner :- Satyendra Singh
 
Respondent :- Kanchan Singh
 
Petitioner Counsel :- Prabhat Kumar
 
Respondent Counsel :- L.B.Khan
 

 
Hon'ble Ravindra Singh,J.

Counsel for the applicant and respondent are not present.

Heard learned A.G.A.

This application has been filed with a prayer to quash the order dated 26.8.2002 passed by learned Judicial Magistrate, Ambedkar Nagar and the order dated 28.1.2005 passed by learned Addl. Sessions Judge, Ambedkarnagar.

From the perusal of the record it appears that in the present case the application under section 125 Cr.P.C. filed by the opposite party has been allowed by learned Judicial Magistrate, Ambedkar Nagar directing the applicant to pay the amount of Rs. 400/- per month from the date of 8.6.2000 as maintenance allowance. The order dated 26.8.2002 has been challenged by the applicant by way of filing the criminal revision No. 181 of 2002, the same has been dismissed on 28.1.2005.

This application has been filed against the order on which the maintenance allowance has been allowed by learned Magistrate concerned and order passed by learned Addl. Sessions Judge by which the Criminal Revision No. 181 of 2002 has been dismissed.

From the perusal of the impugned order it appears that O.P. No. 2 is married woman, she is married with the applicant. The findings has been recorded that she is not able to maintain herself. The learned Magistrate concerned has not committed any error in granting the maintenance allowance. The prayer for quashing the order dated 26.8.2002 is refused. The learned revisional court has also not committed any error in dismissing the revision. Therefore, the order dated 28.1.2005 passed by learned Addl. Sessions Judge dismissing the revision No. 181 of 2002 is refused.

The interim order dated 27.4.2005 is hereby vacated.

Accordingly this application is dismissed.

Order Date :- 13.5.2013

RPD