Citation : 2024 Latest Caselaw 15552 ALL
Judgement Date : 3 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:79924 Court No. - 76 Case :- CRIMINAL REVISION No. - 1673 of 2024 Revisionist :- Amit Pal Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mohd. Afzal Ansari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Mohd. Afzal Ansari, learned counsel for the revisionist and Sri R.P. Patel, learned A.G.A. for the State.
3. This criminal revision has been filed against the impugned judgment and order dated 9.1.2024 passed by Additional Principal Judge, Family Court, Court No.3, Kanpur Nagar in Case No.200 of 2017 (CNR No. UPKN02-000906-2017) (Smt. Anjana Pal vs. Amit Pal), allowing the application u/s 125 Cr.P.C. filed by the opposite party no.2, granting maintenance allowance of Rs.6,000/- per month to the opposite party no.2 from the date of order and Rs.3,000/- per month 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 no.2 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 9.1.2024 in easy installments so fixed by the Additional Principal Judge, Family Court, Court No.3, Kanpur Nagar.
7. With the aforesaid direction, the present criminal revision is disposed of.
Order Date :- 3.5.2024
Vikas
(Justice Krishan Pahal)
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