Court No. - 55
Case :- CRIMINAL REVISION No. - 4137 of 2018 Revisionist :- Bajrangi And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Mohammad Mustafa,Afshan Shafaut Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the revisionists and learned A.G.A. for the State.
The present revision has been filed for setting aside the interim maintenance order dated 1.10.2018 passed by learned Additional Civil Judge (Junior Division) / Judicial Magistrate 4th, Gorakhpur, in Case No. 480 of 2017 (Mansha Devi versus Bajrangi and others), under Section 12 Domestic Violence Act, Police Station Campiarganj, District Gorakhpur.
Learned counsel appearing on behalf of revisionists submitted that the learned Additional Civil Judge (Junior Division) / Judicial Magistrate 4th, Gorakhpur has passed an order dated 1.10.2018, whereby revisionist was directed to pay an interim maintenance of Rs.3,000/- per month to opposite party no. 2. Learned counsel further submitted that while passing the impugned order the learned court below has not considered the evidence available on record, therefore, the same is totally illegal and against the settled principle of law. Learned counsel for the revisionists next submitted that the revisionist wanted to keep his wife and son with him, but opposite party no. 2 is not interested to live with him.
Learned A.G.A. vehemently opposed the submissions advanced by learned counsel for the revisionists by submitting that the impugned order was passed by the court below after considering all the evidence available on record and there is no illegality in the aforesaid order.
From the perusal of impugned order, it appears that the opposite party no. 2 had filed a complaint stating therein the incidents of cruelty committed against her by the present revisionists; she also contended in that application that she is an illiterate lady and she is living separately in her parental house and she has no source of income to maintain herself and her child. The court below has noticed that the revisionist is a contractor; having source of income of Rs.40,000/- per month; the revisionist has 20 Bigha of land also and after considering all these facts the court below has directed the revisionists to pay an interim maintenance of Rs.3,000/- to the opposite party no. 2 and her son.
In view of the aforesaid facts and circumstances, I do not find any merit in the present revision and the same is accordingly dismissed.
Order Date :- 28.11.2018 NS