Court No. - 55
Case :- CRIMINAL REVISION No. - 3616 of 2018 Revisionist :- Mishri Lal Pandey Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ajay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent.
The present criminal revision has been filed against order dated 12.07.2018 passed by Additional Sessions Judge, Court No.2, Varanasi in Criminal Appeal No. 39 of 2017 (Mishri Lal Pandey Vs. State and another) dismissing the appeal of revisionist under section 29 of the Domestic Violence Act, 2005 and affirmed the order dated 17.01.2017 in Case No. 105 of 2012 (Kusum Pandey Vs. Mishri Lal Pandey) passed by Special Chief Judicial Magistrate, Varanasi, under section 12 of the Domestic Violence Act, 2005.
Learned counsel for the revisionist submits that the revisionist is 77 years old person and he has no means to maintain himself or anybody else. He is fully dependent upon other family members. He is living with his elder son and his family members. The revisionist has not held any agriculture land in his name nor he is a government pensioner. He did work of Purohit (Puja Path) on demand of pilgrims in Varanasi. The court below without any evidence and recording finding with regard to the income of the revisionist has directed for payment of Rs.3000/- per month for maintenance to opposite party no.2 ignoring the objection of the revisionist. He further submits that the court below has failed to consider the evidence available on record and illegally rejected the appeal of the revisionist, therefore, the order impugned deserves to be set aside.
Learned Additional Government Advocate appearing on behalf of State-respondent vehemently opposed the contentions raised on behalf of the revisionist and submitted that there is no illegality in the impugned order and therefore, the present revision deserves to be dismissed.
I have heard the arguments raised on behalf of the parties and perused the record.
The impugned order has been passed by the court below after considering each and every aspects of the matter and the contentions raised on behalf of the revisionist, therefore, this Court finds no error apparent on the face of record. No interference is called for by this Court. The revision being devoid of merit deserves to be dismissed.
Accordingly, the criminal revision is dismissed.
Order Date :- 30.11.2018 Prajapati [Chandra Dhari Singh, J]