Court No. - 81
Case :- CRIMINAL REVISION No. - 4900 of 2019 Revisionist :- Indraraj Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Abhay Raj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Abhay Raj Yadav, learned counsel for the revisionist and Sri G.P. Singh, learned A.G.A. for the State.
This criminal revision has been filed with a prayer to set aside the impugned judgment and order dated 19.01.2019 passed by the learned Principal Judge, Family Court, Chitrakoot in Case No. 131 of 2016 (Smt. Kamla Devi Vs. Indraraj) in proceedings under Section 125 Cr.P.C. by which the revisionist has been directed to pay maintenance of Rs. 2,000/- per month to the opposite party no. 2, with a further prayer to stay the operation and effect of the aforesaid impugned order.
It is argued by the learned counsel for the revisionist that the trial court has recorded erroneous finding in the impugned order 19.01.2000 whereby an amount of Rs. 2,000/- per month was awarded to be paid to opposite party no. 2 by way of maintenance. The opposite party no. 2 was not entitled to be said amount as she was living in adultery and the finding of the trial court needs to be set aside as well as the impugned order needs to be set-aside.
I have gone through the impugned order. It is recorded in it by the trail court that though the revisionist had made allegation against the opposite part no. 2 of living in adultery but no evidence could be given by him hence it could not be proved that she was living adulterous life. It was recorded that the revisionist had admitted her i.e. opposite party no. 2 to be his wife. It was his responsibility to maintain her and consequently an amount of Rs. 2,000/- was awarded as maintenance to be paid.
In view of the above discussion, I do no find any infirmity in the impugned order passed by the court below and the amount of Rs. 2,000/- is not too high to be paid by the revisionist to the opposite party no. 2.
This revision deserves to be rejected and is accordingly rejected.
Order Date :- 18.12.2019 VPS