Court No. - 49
Case :- CRIMINAL REVISION DEFECTIVE No. - 136 of 2018 Revisionist :- Gagan Pandey Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Rajesh Kumar Gautam Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Criminal Misc. Delay Condonation Application No. 1A/1 of 2018 The revision has been filed with delay of 49 days. In view of the fact that the delay of 49 days has been satisfactorily explained.
Delay is condoned. Delay condonation application is allowed. Supplementary affidavit filed today is taken on record.
The present revision has been filed against the order dated 7.10.2017, by which the learned Court below has awarded maintenance allowance @ of Rs. 4,000/- per month from the date of the order. Learned counsel for the applicant submits that the amount awarded is excessive inasmuch as the applicant is only working in a private establishment described as Vishal Auto Agency.
Upon claim made by the opposite party, the learned Court below had however allowed an opportunity to the applicant and thereafter estimated his income at Rs. 15,000/- per month, from that engagement. Also it has been accepted that the applicant has some agricultural income as well. Thereafter, the Court below has awarded maintenance allowance @ of Rs. 4,000/-, which is neither excessive nor arbitrary. However, no material exists to doubt the correctness of the estimate made by the Court below. Then the order has made effective from the date of the order and not from the date of the application.
Considering the above, the revision lacks merit.
However, in respect of the arrears, the amount of maintenance allowance from the date of the order till February, 2018 shall be deposited now by the applicant latest on or before 30.4.2018 and he shall further continue to abide by the aforesaid order by making timely payment from the period of March, 2018 on wards has become due. In the event of failure on part of the applicant to comply with the aforesaid terms, the protection granted shall stand vacated without reference to this Court.
The present revision is disposed of with the aforesaid observations.
Order Date :- 26.2.2018 Mini