Akash Kumar vs State Of U.P Thru. Prin. Secy. Deptt. Of ...
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Allahabad High Court

Akash Kumar vs State Of U.P Thru. Prin. Secy. Deptt. Of ... on 24 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:39594
 
Court No. - 15
 
Case :- CRIMINAL REVISION No. - 559 of 2024
 
Revisionist :- Akash Kumar
 
Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others
 
Counsel for Revisionist :- Shiv Shankar Mishra,Abhinav Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.
 

Heard learned counsel for the revisionist, learned A.G.A. for the State-respondent No.1.

In view of the proposed order being passed, notices to respondent Nos.2 and 3 are dispensed with.

This revision has been filed against the judgment and order dated 02.03.2024 passed by Additional Principal Judge, Court No.4, Family Court, Lucknow in Case no.1588/2023 by which the interim maintenance of Rs.2,000/- and Rs.1,000/- per month has been granted to respondent Nos.2 and 3 respectively during pendency of application under Section 125 Cr.P.C.

A perusal of impugned order shows that court while passing the order has considered the fact that respondent-wife is destitute, she is not having any source of income, she is dependent on his brother whereas the revisionist is in service and is earning.It has also been noted by the court while passing the impugned order that despite of service of notice, the revisionist neither appeared nor has filed any objection upon the application for interim maintenance therefore, the trial court after considering the affidavit filed by the revisionist in terms of judgment of Rajnesh vs. Neha and others reported in [2021 (114) ACC 645 SC], has allowed application for interim maintenance ex parte.

In view of aforesaid, I find no illegality and impropriety in the order impugned hence the revision being devoid of merits and is accordingly dismissed.

Order Date :- 24.5.2024

Saurabh Yadav/-