Amzad Khan vs State Of U.P. And 3 Others
2023 Latest Caselaw 22382 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:167133
 
Court No. - 79
 

 
Case :- CRIMINAL REVISION No. - 3310 of 2023
 

 
Revisionist :- Amzad Khan
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Revisionist :- Amar Singh Yadav,Dilnawaz Ahmad Khan
 
Counsel for Opposite Party :- G.A.,Madhukar Maurya,Vinay Kumar
 

 
Hon'ble Donadi Ramesh,J.

1. Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.

2. This criminal revision has been preferred against the judgment and order dated 31.8.2022 passed in Case No. 346 of 2019 (Mahjabin Bano and anohter v s. Amzad Khan), under section 125 Cr.P.C., P.S. Sarpataha, district-Jaupur, by the Addl. Principal Judge, Family Court, Jaunpur has allowed the application under Section 125 Cr.P.C. filed by the opposite party no. 2 in the aforesaid case for grant of interim maintenance and has awarded Rs. 4,000/- per month to opposite party no. 2 and Rs. 2000/- per month to opposite party no. 3 as interim maintenance from the date of filing of case for maintenance, the award shall be payable on 10th day of each succeeding month.

3. Learned counsel for the revisionist submits that the revisionist is a poor person and for his livelihood he used to do some agricultural work, except this he has no other source of income. He further submits that the revisionist has every intention to make payment of interim maintenance to the opposite party no. 2 and 3 but his financial condition is not as such to enable him to pay the said amount. The said amount is excessive in comparison to the income of the revisionist.

4. Learned counsel for the opposite party no. 2 submits that revisionist is not an agriculture labour. He used to do wielding and he earns a handsome amount and he is capable to pay the award of maintenance as awarded by the Addl. Principal Judge, Family Court, Jaunpur.

5. Matter requires consideration.

6. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. He prays for and is allowed four weeks' time to file counter affidavit.

7. Rejoinder affidavit, if any, may be filed within four weeks thereafter.

9. List this case before the appropriate Court on 28.9.2023.

10. Subject to the revisionist depositing 50% of the arrears of maintenance amount within a period of six weeks from today before the Additional Principal Judge, Family Court, Jaunpur, which shall be paid to the opposite party no. 2 and continuing to pay a sum of Rs. 4000/- per month to the O.P. no. 2 and a sum of Rs. 2000/- to the opposite party no. 2 on or before the 10th day of each succeeding month, the effect and operation of the impugned order shall remain stayed.

11. In case of default this interim order shall stand automatically vacated.

(Donadi Ramesh, J.)

Order Date :- 18.8.2023

Faridul