Allahabad High Court
Nand Kishore vs State Of U.P. & Another on 11 June, 2014
Bench: Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- CRIMINAL REVISION No. - 250 of 2014
Revisionist :- Nand Kishore
Opposite Party :- State Of U.P. & Another
Counsel for Revisionist :- Sunil Kumar Singh
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Shashi Kant,J.
This criminal revision has been filed against the judgement and order dated 31.3.2014 passed by Principal Judge, Family Court Sitapur in Criminal Misc. Case no. 972 of 2014 whereby the application of the opposite party wife filed under Section 125 Cr.P.C. has been allowed and the petitioner has been directed to pay maintenance of Rs. 2000/- per month to the wife from the date of the order and regularly pay the maintenance up to 10th of every English month.
Learned counsel for the revisionist submits that impugned judgment and order is bad in the eye of law because the learned trial court has not properly appreciated the evidence available on record.
Learned A.G.A. has opposed the above submissions.
Considering the rival submissions made by the parties and material available on record, I am of the view that the reconsideration of the matter is required by this court.
Admit.
Issue notice to the opposite party no. 2.
Steps be taken within one week by Registered Post.
List in the week commencing 18th August, 2014. In the meanwhile, lower court record be summoned within a period of six weeks from today through District Judge, Sitapur.
Order Date :- 11.6.2014
Monika
Criminal Misc. Application No. NIL of 2014
in
Case :- CRIMINAL REVISION No. - 250 of 2014
Revisionist :- Nand Kishore
Opposite Party :- State Of U.P. & Another
Counsel for Revisionist :- Sunil Kumar Singh
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Shashi Kant,J.
Heard learned counsel for the revisionist and learned A.G.A. on application for interim relief.
Learned counsel for the revisionist submits that revisionist has not sufficient income and he is ready to keep the opposite party no. 2 with him with full honour and security, therefore, the operation of the impugned order dated 31.03.2014 be remained stayed during the pendency of the revision.
Learned A.G.A. has opposed the prayer for stay of operation of the impugned judgment and order.
Keeping view of the rival submissions made by the parties and facts and circumstances of the case, I am of the view that the impugned order will serve the purpose of operation of the impugned order will remain stayed during the pendency of the revision subject to payment of arrears of maintenance @ of Rs. 1250/- within thirty days from today and regular payment of maintenance of Rs. 1250/- up to 10th of every English month. In default of payment of maintenance of Rs. 1250/-, this order automatically stands vacated.
Order Date :- 11.6.2014
Monika
