Pratham Pal And 5 Others vs State Of U.P. And 2 Others
2022 Latest Caselaw 2115 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- CRIMINAL REVISION No. - 1484 of 2021
 

 
Revisionist :- Pratham Pal And 5 Others
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Revisionist :- Bipin Pal Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard Mr. Bipin Pal Singh, learned counsel for the revisionists and learned Additional Government Advocate for the State.

The instant revision has been filed against the impugned judgment and order dated 30.09.2020 passed by learned Additional Chief Judicial Magistrate, Court No.2, Budaun in Complaint Case No.88 of 2019 (Sushmapal @ Shobha vs. Durgapal and others), under Section 12 of Domestic Violence Act, 2005 at Police Station Bajeerganj, District Budaun by which the court below has awarded maintenance of Rs.1500/- to opposite party no.2.

Learned counsel for the revisionists has submitted that son of revisionists, who is the husband of opposite party no.2, is missing since 2018. The revisionists are poor persons having no source of income. Revisionists are ready to keep the opposite party no.2 but she has refused to live with them and she is making pressure upon the revisionists to live separately and she has filed a false case just to harass the revisionists. He has further submitted that the court below has passed the impugned ex-parte order granting maintenance to opposite party no.2 without affording any opportunity of hearing to the revisionists, who are family members of husband of opposite party no.2. The court below also without considering the social status of the revisionists, has passed the impugned order awarding Rs.1500/- as maintenance to the opposite party no.2, which is illegal, arbitrary and without applicant of mind, hence, the same is liable to be set aside.

Per contra, learned A.G.A. has vehemently opposed the prayer for setting aside the impugned order dated 30.09.2020 and has 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 order 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 :- 5.5.2022

Ajeet