Tanuj Kumar vs State Of U.P. And Another
2024 Latest Caselaw 36834 ALL

Allahabad High Court

Tanuj Kumar vs State Of U.P. And Another on 8 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:175636
 
Court No. - 87
 

 
Case :- CRIMINAL REVISION No. - 5630 of 2023
 

 
Revisionist :- Tanuj Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Nitin Raj Singh,Raj Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manjive Shukla,J.
 

1. Heard learned counsel appearing for the revisionist and learned A.G.A. for the State.

2. The instant revision has been filed challenging therein the judgment and order dated 09.08.2023 passed by the Additional Principal Judge, Family Court No.2, Bulandshahr in Claim Petition No. 626 of 2019 ( Smt. Kumkum Vs. Tanuj) whereby, in exercise of power under proviso appended to Section 125 Cr.P.C., interim maintenance of Rs. 2,000/- per month had been awarded in favour of the wife and interim maintenance of Rs. 750/- per month had been awarded in favour of the daughter.

3. Learned counsel appearing for the revisionist has argued that excessive amount of maintenance had been awarded in favour of the wife and the daughter.

4. I have considered the argument advanced by the learned counsel appearing for the revisionist and I find that the trial court while awarding the interim maintenance, vide order dated 09.08.2023, has not committed any manifest error of law, as at least, it is admitted on the record that the revisionist is a healthy male therefore, minimum wages available to a labourer can be assumed as his income.

5. In view of the aforesaid reasons, I do not find any illegality or infirmity in the impugned order dated 09.08.2023.

6. Accordingly, this revision lacks merit and is hereby dismissed.

Order Date :- 8.11.2024

Gaurav