Aman @ Asad Minor Thru. Mother Smt.Sufia ... vs Wazeer Ahmad Khan And Anr.
2024 Latest Caselaw 325 ALL

Allahabad High Court

Aman @ Asad Minor Thru. Mother Smt.Sufia ... vs Wazeer Ahmad Khan And Anr. on 4 January, 2024

Author: Renu Agarwal

Bench: Renu Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:800
 

 
Court No. - 29
 

 
Case :- CRIMINAL REVISION No. - 744 of 2019
 

 
Revisionist :- Aman @ Asad Minor Thru. Mother Smt.Sufia Khan
 
Opposite Party :- Wazeer Ahmad Khan And Anr.
 
Counsel for Revisionist :- Rajeev Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Mrs. Renu Agarwal,J.
 

1. The present revision has been filed under Section 19(4) of the Family Court Act against the judgment and order dated 05.03.2019 passed by the Principal Judge Family court, Bahraich in Case No. 406/11/2018 (Amam @ Asad Vs. Wazeer Ahmad Khan) through which the application for alteration of the amount under Section 127(1) has been rejected.

2. When the matter is taken up today none has put in appearance on behalf of the revisionist, however, learned A.G.A is present for the State.

3. It transpires from the order sheet that the revisionist was directed to take steps against the opposite party No. 1 on 31.05.2019 and on 20.01.2023 revisionist was again directed to take steps upon opposite party No.1. As per office report dated 20.02.2023 no steps has been taken yet, hence, there is no question of of appearing the opposite party in court.

4. I have heard learned A.G.A and perused the record.

5. It transpires from the impugned order that the revisionist was awarded Rs. 1500/- towards maintenance from the date of order i.e. 19.09.2013 in Case No. 89 of 2011. At that time the revisionist was only two years old. The order was challenged in the court of District Judge by way of Criminal Revision No. 477 of 2013 which was rejected and the appeal filed in the High Court is still pending.

6. Learned Family Court has rejected the application under Section 127 on the ground that the opposite party No. 1 Wazeer Ahmad is a retired clerk and he has meager amount of pension for his own maintenance. This contention was not controverted in the application moved under Section 127 Cr.P.C. Learned trial court found that the mother of revisionist is well qualified and she has income of Rs. 20,000/- per month. After weighing the financial condition of the parents of the revisionist the application moved under Section 127 Cr.P.C was rejected. In this revision also no evidence to this effect is filed that the opposite party No. 1 has sufficient means to maintain his children. Moreover, during the pendency of this revision the revisionist has attained the age of majority, hence, on this ground also the revisionist is not entitled for maintenance.

7. In view of the above discussions, it appears that there is no illegality, irregularity or infirmity in the impugned order warranting interference. Hence, the revision is liable to be dismissed and is accordingly dismissed.

8. Office is directed to send a copy of this order along with lower court record, if any available, to the learned trial court/ family court concerned for necessary information.

(Renu Agarwal,J.)

Order Date :- 4.1.2024

Nadeem