Smt. Asiya Khan And Another vs State Of U.P. And Another
2022 Latest Caselaw 956 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 
Case :- CRIMINAL REVISION No. - 260 of 2022
 
Revisionist :- Smt. Asiya Khan And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Rakesh Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the record.

The instant revision has been filed against the judgment and order dated 20.03.2021 passed by Principal Judge, Family Court Rampur in Misc. Case No. 439 of 2017 (Smt. Asiya Khan and another Vs. Tasleem Ul Jamshed) under Section 125 Cr.P.C. by which the learned court below allowed the proceeding under Section 125 Cr.P.C. awarding a meager maintenance amount of Rs. 8,000/- per month to the revisionist no. 1 and Rs. 4,000 to her minor daughter i.e. a total sum of Rs. 12,000 per month from the date of order i.e. 20.10.2021.

Learned counsel for the revisionists has submitted that the court below has failed to consider that opposite party no. 2 is employee in Nagar Palika Parishad, Rampur and at present he is drawing his salary of Rs. 34,000/- per month and the revisionist no.1 is unable to maintain herself in that meagre amount of maintenance as awarded by the court below and the order has been passed against the revisionist without examining all material facts and evidence available on record, hence, the impugned order is liable to be set aside.

Per contra, learned A.G.A. has vehemently opposed the prayer for setting aside the impugned order dated 20.03.2021 and have submitted that the same do not suffer from any illegality or infirmity.

After having heard the learned counsel for the parties present and perused the impugned order as well as material brought on record, I am of the view that the impugned judgment and order dated 20.03.2021 passed by Principal Judge, Family Court Rampur is based upon relevant consideration and supported by cogent reasons, the same does not suffer from any irregularity, illegality or infirmity requiring any interference by this Court.

The revision fails and is hereby dismissed. The revision is, accordingly, dismissed.

Order Date :- 8.4.2022/SY