Smt. Shabreena And Another vs State Of U.P. And Another
2022 Latest Caselaw 2760 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 
Case :- CRIMINAL REVISION No. - 649 of 2021
 
Revisionist :- Smt. Shabreena And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Mithilesh Kumar Shukla,Avanish Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the revisionists and learned AGA for the State and perused the record.

This revision has been filed against the impugned judgment and order dated 28.01.2021 passed by Additional Principal Judge, Family Court, Kanpur Nagar in Case No.83 of 2010 (CNR No.UPKG 02-000704-2010) (Smt. Shabreena and another vs. Anwar Ali), under Section 125 Cr.P.C. at Police Station Babupurwa, District Kanpur Nagar.

Learned counsel for the revisionists has submitted that the revisionist no.1 is wife and revisionist no.2 is son of opposite party no.2. The revisionist no.1 is a poor lady having no source of income to maintain herself as well as her son. The father of the revisionist is a handicapped person. The revisionist no.1 has filed an application under Section 125 Cr.P.C. before the court below and the court below without applying judicial mind vide impugned order dated 28.01.2021 has directed the opposite party no.2 to pay Rs.3,000/- to the revisionist no.1 and Rs.2,000/- to his minor son Mohammad Larib, revisionist no.2 from the date of application. He has further submitted that the court below has awarded very lesser amount from which it is not possible for the revisionists to maintain themselves, hence, the maintenance amount may kindly be increased. He has further submitted that the opposite party no.2 is not making the payment of maintenance as awarded by the court below.

Considering the facts and circumstances of the case, the instant revision is disposed of directing the opposite party no.2 to make payment of arrears within a period of two months from today. The amount of arrears so deposited by the opposite party no.2 shall be paid over to the revisionist no.1 after due verification.

However, the maintenance amount of Rs.5000/- as awarded by the court below shall continuously be paid to the revisionists.

It is further provided that in case of default in making payment, the court below will be at its liberty to take appropriate steps against the opposite party no.2 in accordance with law.

The revision stands disposed of.

Order Date :- 13.5.2022

Ajeet