Court No. - 85
Case :- APPLICATION U/S 482 No. - 11173 of 2021 Applicant :- Bulbul @ Riya Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.,Haseen Ahmad,Saurabh Basu
Hon'ble Gautam Chowdhary,J.
This application under section 482 Cr.P.C. has been filed by the applicant against the judgement and order dated 23.02.2021 passed by Family Court, District- Azamgarh, in Criminal Misc. Case No.108 of 2006 (C.N.R. No. UPAZ020000152006) (Bulbul Vs. Sikandar), under Section 125 Cr.P.C., District- Azamgarh, whereby learned court below has rejected the prayer of maintenance of the applicant.
Heard learned counsel for the applicant, learned counsel for opposite party no.2 and learned A.G.A. for the State. Perused the record.
Submission of the counsel is that opposite party no.2 never take care of the applicant or the mother of the applicant. Contention is that the applicant is the daughter of the opposite party no.2 and therefore some interim maintenance may be awarded to the applicant.
From perusal of the record it is very clear that no date of marriage has been mentioned in the entire application nor any conclusive evidence has been shown from which it appear that the mother of the applicant is the wedded wife of opposite party no.2. Further, it is highly misconceived as the version was never brought on record before the court concerned. Even before this court counsel has not been able to show any such kind of document from which the fact can be established that the applicant is the daughter of the opposite party no.2.
In view of above, the application is misconceived and therefore stands dismissed.
Order Date :- 29.7.2021 shiv