Citation : 2022 Latest Caselaw 9137 ALL
Judgement Date : 3 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- CRIMINAL REVISION DEFECTIVE No. - 650 of 2020 Revisionist :- Gunjeet Kaur And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Arjun Singh Kalhans,Ankit Tiwari,Shailender Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
(Application No.78200 of 2020)
1. The application seeks condonation of delay in filing the revision.
2. Heard learned counsel for the applicant.
3. Cause shown in the affidavit filed in support of the application is sufficient to condone the delay.
4. The application is allowed.
5. Delay in filing the revision is condoned.
(Order on Memo)
6. Present revision under Section 19(4) of the Family Court Act, 1984 read with Section 397/401 Cr.P.C. has been filed against the judgment and order dated 11.07.2019 passed by Principal Judge, Family Court, Gonda in Criminal Case No.707 of 2017, under Section 125 Cr.P.C. (Smt. Gunjeet Kaur & Anr vs Manpreet Singh Bhatia & Ors).
7. Learned counsel for the revisionists submits that learned Family Court while allowing the application under Section 125 Cr.P.C. has not appreciated the evidence in its correct perspective and awarded meager amount of maintenance to the revisionists. Opposite party No.2 is working as State Head in United Spirits Ltd., a Multinational Company, and his monthly salary is more than Rs.2,50,000/-. He, therefore, submits that impugned order dated 11.07.2019 may be modified by enhancing the maintenance in favour of the revisionists.
8. I have gone through the judgment and order dated 11.07.2019 and do not find any error committed by learned Family Court. This court, at this stage, cannot appreciate the evidence. The revisionists may approach the learned Family Court under Section 126(2) Cr.P.C. for modification of the order in view of the change circumstance, if any.
9. The revision is disposed of with aforesaid liberty.
(Dinesh Kumar Singh, J.)
Order Date :- 3.8.2022
prateek
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