Smt. Soni And Another vs State Of U.P. And Another
2023 Latest Caselaw 12968 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL REVISION No. - 1291 of 2023
 

 
Revisionist :- Smt. Soni And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Shashi Kant
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Shashi Kant, the learned counsel for revisionists and the learned AGA for State.

Perused the record.

This criminal revision has been filed challenging the order dated 16.01.2023 passed by Principal Judge, Family Court, Gazipur, in Criminal Misc. Case No. 346 of 2019 (Soni and another vs. Brijesh Rajbhar) on the ground that maintenance has been awarded from the date of order and not from the date of application.

Learned counsel for revisionists has invited the attention of the Court to the judgment of the Supreme Court in Rajnesh vs. Neha & Another (2021) 2 SCC 324 and on basis thereof he submits that the maintenance ought to have been awarded from the date of application and not from the date of order.

Per contra, the learned AGA does not oppose the legal submission urged by the learned counsel for revisionists.

Having heard the learned counsel for revisionists, the learned AGA for State and upon perusal of record matter requires consideration.

Notice on behalf of opposite party 1 has been accepted by the learned AGA.

Issue notice to the opposite party 2 .

Notice shall be made returnable on 17.05.2023. Notice shall indicate that matter shall re-appear for admission as fresh on 17.05.2023.

All the opposite parties may file their respective counter affidavits on or before the date fixed.

Put up for admission as fresh on 17.05.2023.

Order Date :- 26.4.2023/Ruhi