Court No. - 72
Case :- CRIMINAL REVISION No. - 3247 of 2019 Revisionist :- Nand Kishor Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Dinesh Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Mr. Dinesh Tiwari, learned counsel for the applicant and learned AGA for the State.
The present revision under Section 397/401 Cr.P.C., has been filed against the order dated 11.07.2019 passed by Additional Sessions Judge, Court No. 17, Agra in Criminal Appeal No. 46 of 2019 whereby the appeal filed by the revisionist was dismissed affirming the order dated 23.01.2019, passed by A.C.J.M., Court No. 11, Ghaziabad in Case No. 4419 of 2017, under Section 23 of the Protection Of Women From Domestic Violence Act, 2005, District- Agra.
The contention of learned counsel for the revisionist is that the impugned order dated 23.01.2019 passed by the Magistrate, under Section 23 of the Act, the maintenance was granted to opposite party no. 2 to the extent of Rs. 2,500/- per month. It is further contended by learned counsel for the revisionist that the revisionist is paying the maintenance to the extent of Rs. 500/- regularly pursuant to the order passed in a proceeding under Section 125 Cr.P.C., which is too excessive.
Admittedly, the revisionist was working as a clerk in the office of Sub-Registrar and was retired on 01.01.2019. As per the counsel for the revisionist that his salary was about 31,000/- per month. The job of clerk under the State Government is pensionable.
In view of the facts and circumstances of the case, I do not find any illegality and infirmity in the orders passed by the Magistrate concerned as well as the Appellate Court in awarding the maintenance to the extent of Rs. 2,500/- per month to the wife even if the maintenance granted under Section 125 Cr.P.C., is added then it will not exceed Rs. 3,000/- per month.
The revision lacks merit and is, accordingly, dismissed.
Order Date :- 22.8.2019 S.K