Arvind Kumar vs State Of U.P. And 2 Others
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Allahabad High Court

Arvind Kumar vs State Of U.P. And 2 Others on 2 May, 2024

Author: Krishan Pahal

Bench: Krishan Pahal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:79279
 
Court No. - 76
 

 
Case :- CRIMINAL REVISION No. - 1257 of 2024
 

 
Revisionist :- Arvind Kumar
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Revisionist :- Manoj Kumar Dhuriya
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Krishan Pahal,J.
 

1. List has been revised.

2. Heard Sri Manoj Kumar Dhuriya, learned counsel for the revisionist and Sri Arun Kumar Mishra, learned A.G.A. for the State.

3. This criminal revision has been filed against the impugned judgment and order dated 10.1.2024 passed by Additional Principal Judge, Family Court, Court No.2, Muzaffar Nagar in Case No.83 of 2016 (Smt. Sudesh vs. Arvind Kumar), allowing the application u/s 125 Cr.P.C. filed by the opposite party nos.2 & 3, granting maintenance allowance of Rs.2,000/- per month to the opposite party no.2 and Rs.2000/- per month to the opposite party no.3 (total Rs.4,000/-) from the date of filing the application u/s 125 Cr.P.C.

4. Learned counsel for the revisionist has stated that the revisionist is unable to pay the said amount and the instant order may be set-aside.

5. Per contra, learned A.G.A. has opposed the instant criminal revision on the ground that the said maintenance awarded is meager and the act of the revisionist has forced the opposite party nos.2 & 3 to lead a life of destitution and vagrancy.

6. After hearing learned counsel for the parties, the following order is passed:

(i). The prayer of reducing the amount of maintenance is declined.

(ii). The impugned order is modified to the extent that an opportunity be granted to the revisionist to pay the said maintenance from the date of application to the date of impugned order dated 10.1.2024 in easy installments so fixed by the Additional Principal Judge, Family Court, Court No.2, Muzaffar Nagar.

7. With the aforesaid direction, the present criminal revision is disposed of.

Order Date :- 2.5.2024

Vikas

(Justice Krishan Pahal)