Court No. - 81
Case :- CRIMINAL REVISION DEFECTIVE No. - 229 of 2020 Revisionist :- Chandra Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.,Vijay Bahadur Shivhare
Hon'ble Shamim Ahmed,J.
In Re: Criminal Misc. Delay Condonation Application
This criminal revision has been filed with the delay of 309 days. Notice was issued to the opposite party no.2 but till date no counter affidavit has been filed by the opposite party no.2. Learned A.G.A. has also not filed any counter affidavit. It seems that opposite parties are not interested in filing the counter affidavit.
The reasons shown in the affidavit filed in support of the delay condonation application are sufficient. Accordingly, the delay in filing the criminal revision is condoned and the delay condonation application is allowed.
Office to allot regular number to this revision.
Order on Revision
Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
In view of the averments made in the affidavit in support of the delay condonation application This criminal revision under Sections 397/401 of Cr.P.C. has been filed by the revisionist (husband) against the impugned judgement and order dated 25.01.2019 passed by Principal Judge, Family Court, Hamirpur, in Case No.109 of 2017 (Smt. Rakhi @ Madhu Singh Vs. Chandra Kumar Singh) under Section 125 of Cr.P.C., Police Station Kurara, District Hamirpur, whereby the application seeks interim maintenance has been allowed by the court below and awarded Rs.4000/- per month in favour of opposite party no.2 (wife) from the date of order.
Submission made by the counsel for the revisionist is that the revisionist is unable to pay Rs.4000/- per month. He further submitted that the Court below has not considered that the opposite party no.2 (wife) is living separately from the revisionist without any reasonable reason so she is not liable to take maintenance from the revisionist. After recording the statements of the contesting parties without considering the facts and evidence on record allow the application of opposite party no.2 and awarded maintenance to the opposite party no.2. The revisionist made several attempt to settle the dispute and he is still ready to keep her wife but she has not co-operated. The opposite party no.2 always pressurized to the revisionist for living separately and when the revisionist has denied then she had given threat for implication in false case.
Per contra learned A.G.A. has stated that the court below has passed the impugned order after considering the facts and circumstances of the case and the statements of the revisionist and opposite party no.2, in such circumstances to meet the ends of justice does not required any interference. There is no illegality, impropriety and incorrectness in the impugned order and also there seems to be no abuse of court's process.
I have heard learned counsel for the parties and perused the record.
Counsel for the revisionist has not been able to point out any such illegality or impropriety or incorrectness in the impugned order which may persuade this Court to interfere in the same. The amount fixed for maintenance was Rs.4000/- for the wife, which in the present days of high price rise cannot be said to be either excessive or disproportionate. The provisions of Section 125 of Cr.P.C are beneficial provisions which are enacted to stop the vagrancy of a destitute wife and provide some succour to them, who are entitled to get the maintenance which has been wrongly denied. The fact that the revisionist is the husband of respondent no.2 has not been denied.
In such circumstances to meet the ends of justice, does not require any interference. There is no illegality, impropriety and incorrectness in the impugned order and also there seems to be no abuse of court's process.
In view of the above, the revision lacks merit and stands dismissed.
Order Date :- 22.9.2021 pks