Court No. - 17
Case :- CRIMINAL REVISION No. - 1118 of 1997 Revisionist :- Ghanshyam Dass Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- N.K.Singh Counsel for Opposite Party :- Govt. Advocate.
Hon'ble Suresh Kumar Gupta,J.
List has been revised. Revisionist is not present. His counsel is not present. Learned A.G.A. is present.
As per report sent by CMM Kanpur Nagar whereabouts of the revisionist is not traceable.
In the case of Santosh vs. State of U.P. (2010) 3 SCC (Crl.) 307, it was held by Hon'ble Supreme Court that after admission of criminal revision, there is no procedure for dismissing the same in default and even if the revisionist is absent, the revision cannot be dismissed in default but it has to be decided on merit, so, this revision is decided according to its merit.
This revision has been preferred against the judgment and order dated 14.8.1997 passed by the Additional Family Court Kanpur Nagar granting maintenance to the opposite party no. 2 Rs. 400/- per month from the date of the application.
Heard learned A.G.A. and perused the impugned judgment and order.
Learned counsel for the revisionist has taken a ground that the revisionist has lost his job due to act of his wife and therefore, his wife is not entitled to get any maintenance. The allegation of having a shop by the revisionist's mother is also wrong and in this way the applicant has no source of income. The ground has also been taken by the revisionist that the Family Court without any appraisal of evidence has granted maintenance to the opposite party and thus this revision is liable to be allowed.
From the perusal of the record it appears that after proper analysis of evidence, Family Court, Kanpur Nagar has awarded Rs. 400/- per month as maintenance allowance to opposite party no. 2, Smt. Sobha Devi.
There is no illegality or impropriety in the impugned judgement and order. Finding is based on the appraisal of evidence on record. So, I do not find any reason to interfere in the impugned order. Consequently, revision is devoid of merit and is liable to be dismissed.
Revision is dismissed. Stay order, if any, is vacated.
A copy of this order be transmitted to the learned lower court for compliance within one month..
Order Date :- 26.2.2019 A. Pt. Singh