Citation : 2022 Latest Caselaw 18500 ALL
Judgement Date : 22 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 31 Case :- CRIMINAL REVISION No. - 72 of 2010 Revisionist :- Pawan Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Shishir Pradhan Counsel for Opposite Party :- Govt. Advocate,Anil Kumar Tiwari Hon'ble Mohd. Aslam,J.
None present for revisionist.
Heard Sri Veer Raghav Chaubey, learned A.G.A. for the State and perused the record.
As per office report dated 11.3.2010, notice was served personally on opposite party no.2, but none present to press the revision.
The instant revision has been preferred against the impugned judgment dated 11.9.2009 passed by Judicial Magistrate-Ist, Faizabad in Complaint Case no.249 of 2009 (Smt. Mamta Singh Vs. Pawan Kumar Singh), under Section 12 of Domestic Violence Act, which was allowed and the revisionist was directed to pay Rs.3000/- per month as maintenance or lumpsum amount of Rs.5 lacs.
I have gone through the file. It is admitted to the revisionist that opposite party no.2 is his wife and in his cross-examination he has also admitted that opposite party no.2 was living in her parental house for the last two years. Keeping in view the fact that it is the duty of the revisionist to maintain his wife and the amount of maintenance of Rs.3000/- per month is a meagre amount and even priest (saadhu) cannot escape paying the maintenance to his wife.
In such circumstances, I find that the judgment of learned lower court is according to law and requires no interference. Accordingly, the instant revision is dismissed summarily at the stage of admission.
Order Date :- 22.11.2022
Anil K. Sharma
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