Court No. - 76
Case :- CRIMINAL REVISION No. - 4182 of 2019 Revisionist :- Amar Jeet Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Ramesh Chandra,Shyamdhar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Ref.:-Criminal Misc. Correction Application
Heard learned counsel for the revisionist/applicant and the learned A.G.A. for the State.
Learned counsel for the applicant states that though this application has been filed for seeking correction in the order dated 18th November, 2019 but perusal of the order indicates that entire order has wrongly been pasted/transcribed on the order-sheet.
Having considered the submissions made by the learned counsel for the parties and gone through the order dated 18th November, 2019, this Court finds that the entire order dated 18th November, 2019 has wrongly been transcribed on the order-sheet. Therefore, the same is scored out today in the Court.
This correction applicants stands allowed.
In place of order dated 18th November, 2019, following order is being passed today:
"Heard Mr. Ramesh Chandra, learned counsel for the revisionist and the learned A.G.A. for the State.
The present criminal revision has been filed to quash the judgment and order dated 8th August, 2019 passed by the Judge, Family Court/Fast Track Court, Court No.2, Ghazipur in Misc. Case No. 2334 of 2014 (Smt. Parwati Devi & Another Vs. Amar Jeet Yadav) under Section 125 Cr.P.C., Police Station-Birno, District-Ghazipur, whereby on the application made by opposite party nos. 2 and 3 i.e. wife and daughter of the applicant, the Family Court has directed the revisionist to pay Rs. 40,000/- per month to opposite party no.2 as maintenance allowance and Rs. 2,000/- per month to opposite party no.3 as maintenance allowance from the date of order i.e. 8th August, 2019. Opposite party no.3 has been awarded maintenance allowance till the date of her marriage or independency.
Learned counsel for the applicant submits that the maintenance allowance of Rs. 6,000/- per month awarded to opposite party nos. 2 and 3 from the date of order i.e.
8th August, 2019 is highly excessive, keeping in mind the fact that the applicant is unemployed and totally dependent upon his father, who is a farmer having two bighas of land only. Except, the applicant, mother of the applicant is also dependent upon his father. Mother is also a heart patient. Apart from the above, it is submitted that opposite party no.2 is a nurse in Ford Hospital, Balaji Colony, Lanka, Varanasi, from where she earns Rs. 20,000/- per month, therefore, she is in a better position to maintain her daughter and herself. Learned counsel for the applicant also submits that the applicant always wants to keep opposite party nos. 2 and 3, but she wants to live Varanasi, which is not possible for the applicant.
5. Considering the above, matter requires consideration.
6. Notice on behalf of the opposite party no.1 has been accepted by the learned A.G.A. for the State.
7. Issue notice to opposite party nos. 2 and 3 returnable at an early date.
8. Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
9. List thereafter.
10. Till the next date of listing, operation of the judgment and order dated 8th August, 2019, insofar as it directs the revisionist to pay Rs. 4,000/- per month to opposite party no.2 as maintenance allowance shall be kept in abeyance. However, the revisionist shall now pay Rs. 3,000/- per month to opposite party no.2 and Rs. 2,000/- per month to opposite party no.3 as maintenance allowance on or before the 10th day of each calender month from December, 2019. The arrears of the maintenance allowance shall be paid by the applicant to opposite party nos. 2 and 3 within a month from today.
11. Subject to aforesaid compliance being made, no coercive measure shall be taken against the applicant till the next date of listing."
(Manju Rani Chauhan, J.) Order Date :- 29.11.2019 Sushil/-