Bauddh Prakash vs State Of U.P. And Another
2022 Latest Caselaw 1032 ALL

Citation : 2022 Latest Caselaw 1032 ALL
Judgement Date : 8 April, 2022

Allahabad High Court

Bauddh Prakash vs State Of U.P. And Another on 8 April, 2022

Bench: Rajendra Kumar-Iv




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- CRIMINAL REVISION No. - 3511 of 2021
 

 
Revisionist :- Bauddh Prakash
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Hardev Prajapati
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the revisionist and learned AGA for the State.

The present criminal revision has been filed against the impugned judgment and order dated 22.10.2021 passed by the Principal Judge, Family Court, Budaun in Criminal Misc. Case No.1405 of 2018 (Arti vs. Buddh Prakash) whereby application under Section 125 Cr.P.C. was allowed and revisionist was directed to pay sum of Rs.4000/- per month to opposite party no. 2 as maintenance from the date of application.

Learned counsel for the revisionist submits that the revisionist is the husband of opposite party no. 2 and and marriage between them was solemnized in the year, 2017. He further submitted that opposite party no. 2 herein has filed an application under Section 125 Cr.P.C which was allowed by court below directing the revisionist to pay Rs. 4000/- per month as maintenance from the date of application. The revisionist is unemployed person and his financial position is not sound. He further submitted that the maintenance amount awarded by court below is excessive without any sufficient reason. Findings recorded by court below is ground less.

Learned AGA opposed the revision and submitted that court below has appreciated the evidence in right perspective. The court below awarded the maintenance amount to the opposite party no.2 is quite correct.

From perusal of impugned judgement, it appears that court below has appreciated the entire evidence and all legal corner in its judgement, even the amount awarded by court below appears good and it is not excessive in era of inflation.

In view thereof, I do not see any good ground to interfere in the impugned order.

The present revision lacks merit and it is accordingly, dismissed.

Order Date :- 8.4.2022

Manoj