Court No. - 17
Case :- CRIMINAL REVISION No. - 136 of 1997 Revisionist :- Chandrama Alias Pappu Shanker Opposite Party :- State Of U.P.And Others Counsel for Revisionist :- Dr.G.S.D.Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Suresh Kumar Gupta,J.
List has been revised. Revisionist is not present. His counsel is also not present. Learned A.G.A. is present.
This revision has been preferred against the judgment and order dated 3.11.1996 passed by Principal Judge, Family Court, Kanpur Nagar in case no. 465 of 1995 awarding maintenance of Rs. 500 to Smt. Annpurna, which is ex-parte arbitrary and illegal.
Heard learned A.G.A. and perused the impugned judgment and order.
Before filing of this revision another case was filed by opposite party bearing case no. 677 of 1994 and in that case compromise has been arrived at between the parties and dispute came to an end. Therefore, this case has been filed by the opposite party only to harass the revisionist. It has also been argued that revisionist has no source of income and he has no fair price shop. He is fully depend upon his father. Order has been passed against the revisionist ex-parte and order of maintenance of Rs. 500/- per month has been passed. He further prayed that this revision may be allowed.
On the perusal of the record it appears that the impugned order is based on the proper appraisal of the evidence available on record and no interference is required by this Court and within its jurisdiction. It is clear cut finding that opposite party has no source of income and she is unable to maintain herself. Thus, there is no illegality or impropriety in the impugned order and, therefore, the revision is devoid of merits.
The revision is, accordingly, dismissed. The interim order, if any, stands vacated.
The copy of this order be transmitted to the court below for for necessary compliance.
Order Date :- 23.1.2019 A. Pt. Singh