Mohd. Rafeek Ansari vs State Of U.P. And Another
2022 Latest Caselaw 787 ALL

Citation : 2022 Latest Caselaw 787 ALL
Judgement Date : 7 April, 2022

Allahabad High Court

Mohd. Rafeek Ansari vs State Of U.P. And Another on 7 April, 2022

Bench: Brij Raj Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 
Case :- CRIMINAL REVISION No. - 871 of 2016
 
Revisionist :- Mohd. Rafeek Ansari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Firoz Ahmad Khan
 
Counsel for Opposite Party :- Govt. Advocate,Kapil Muni Dubey
 
Hon'ble Brij Raj Singh,J.

List revised. None appeared on behalf of the revisionist. Sri Dhirendra Dubey, Advocate holding brief of Sri Kapil Muni Dubey, learned counsel for the opposite party no.2 and Sri Ravish Chandra Mishra, learned A.G.A. for the State, are present.

The present revision has been preferred against the impugned judgment and order dated 18.07.2016 passed by learned Principal Judge, Family Court, Faizabad in Case No.202 of 2011 (Tehseen Bano Vs. Mohd. Rafeek Ansari), under Section 125 Cr.P.C.

The opposite party no.2 - wife has filed an Application under Section 125 Cr.P.C. for grant of maintenance before the court below. She has stated in the said application that the husband has sufficient source of income, but he is not maintaining her and she has been deserted by him. She has further stated that her in-laws and the husband demanded dowry and the husband deserted her, therefore she is facing financial constraints and is unable to maintain herself. She has further stated that the husband has got a big house and has a source of income of Rs.10,000/- per month.

The revisionist appeared before the Family Court and filed objection. After hearing both the parties the issues were framed and the court decided the issue and it was held that the revisionist has got a big house and he is hale and hearty to earn enough to maintain himself and the wife. It is admitted by the revisionist that he has been in foreign country for seven years and he used to save Rs.5,000/- per month. The court below has passed the order to the effect that the revisionist will pay Rs.3,000/- per month.

In view of the aforesaid facts, the order dated 18.07.2016 passed by the Principal Judge, Family Court, Faizabad needs no interference.

Accordingly, the revision is dismissed.

Order Date :- 7.4.2022

Atul