Court No. - 64
Case :- APPLICATION U/S 482 No. - 16834 of 2019 Applicant :- Smt. Anita Denis Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Satendra Kumar,Aditya Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to set aside the impugned judgment/order dated 29.9.2015 passed by J.M., Room No.2, Jhansi in Misc. Case No. 1804 of 2014, (Smt. Anita Denis Versus Noyal Denis & another), and judgment/order dated 25.1.2019, passed by A.S.J. 6th, Jhansi in Crl. Appeal No. 102 of 2015 (Smt. Anita Denis versus State of U.P. and others).
Contention is that in this case, both the courts below were oblivious of the factual situation. The applicant happens to be non earning lady and no maintenance whatsoever was granted, however, the application for maintenance was partly allowed by both the courts below but the right of residence alone has been acceded to her.
Also heard the learned A.G.A.
I have perused the finding of the court below and also perused the documents brought before this Court.
Well discussed judgment has been given and a divorce has been availed between the parties on 17.5.2010 and it has been claimed and established that the applicant happens to be an educated lady and she is teacher and earns her livelihood by giving tuition to students. The finding of disallowance of the maintenance at this stage cannot be said to be either perverse or illegal and the same is justified on fact that the evidence forth coming is also supporting. At this juncture, no interference is required by this Court.
Consequently, the instant application under Section 482 Cr.P.C. is dismissed.
Order Date :- 29.4.2019 S Rawat