Babu @ Ram Pratap vs State Of U.P. And 2 Others
2022 Latest Caselaw 1409 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 

 
Case :- CRIMINAL REVISION DEFECTIVE No. - 609 of 2016
 

 
Revisionist :- Babu @ Ram Pratap
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Revisionist :- Ram Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Umesh Kumar,J.

The present criminal revision has been moved against impugned judgment and order dated 14.10.2015 passed by learned Principal Judge (Family Court) Chitrakoot in Case No. 198/XI/2013 under Section 125 Cr.P.C., P.S.- Karvi, District- Chitrakoot by which the maintenance has been allowed and the Court below has directed to pay maintenance to the opposite party no.2 to the tune of Rs.1500/- and to the opposite party no.3 to the tune of Rs.1000/- from the date of judgement.

It is argued by learned counsel for the revisionist that the impugned order dated 14.10.2015 passed Family Court is totally illegal because the learned Court below has passed the impugned order without considering the financial status of the revisionist, which is liable to be quashed. It is further submitted that elder son of revisionist namely Jagannath who is aged about 11 years and studying in Class-VI is living with the revisionist; that the revisionist is still willing to keep and maintain the opposite party nos.2 and 3 with him.

Considering the paying capacity of the revisionist, there is no ambiguity in the order of the trial Court.

In view of the above, the application is devoid of merits and it is accordingly dismissed.

Order Date :- 25.4.2022

Fhd

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Case :- CRIMINAL REVISION DEFECTIVE No. - 609 of 2016

Revisionist :- Babu @ Ram Pratap

Opposite Party :- State Of U.P. And 2 Others

Counsel for Revisionist :- Ram Singh

Counsel for Opposite Party :- G.A.

Hon'ble Umesh Kumar,J.

In re: Delay condonation application.

There is a delay of 261 days in filing the revision, which has been explained in the affidavit.

The Court is satisfied with the explanation and thus proposes to condone the delay for the purpose of hearing the case on merits.

The application is allowed.

The delay in filing the revision is condoned.

Order Date :- 25.4.2022//Fhd