Court No. - 41
Case :- CRIMINAL REVISION No. - 1357 of 1999 Revisionist :- Smt. Namita Rai Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- A.P. Tiwari,D.P. Singh,S. Niranjan,S.S. Tripathi Counsel for Opposite Party :- Govt. Advocate,Hausihla Prasad Mishra
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the parties and perused the record.
This criminal revision has been preferred against the judgment and order dated 27.5.1999 passed by Judge, Family Court, Gorakhpur in Case No. 229 of 1998 (Smt. Namita Rai Vs. Sri Rana Pratap Rai), whereby application moved by the revisionist under Section 125 Cr.P.C. was dismissed.
Learned counsel for the revisionist submitted that the impugned order passed by the court below is apparently illegal, uncalled for, unjustified and against the evidence available on record, as there was clear assertion made by the revisionist in her application under Section 125 Cr.P.C. that on account of marriage of her husband with another lady, namely Bandana Rai, revisionist was bound to live separately.
Learned counsel for the opposite party no. 2 have submitted that there is no illegality, impropriety, material irregularity or jurisdictional error in the order impugned, hence the revision is liable to be dismissed. Learned counsel for the opposite party no. 2 further submitted that during the pendency of this revision a settlement has been arrived at between the parties in pursuance of which opposite party no. 2 is giving Rs.1200/- per month to the revisionist.
Though, learned counsel for the revisionist has denied the aforesaid statement.
From the perusal of record, it appears that the application moved by the revisionist under Section 125 Cr.P.C was rejected by the Court below on the ground that second marriage of opposite party no. 2 was not proved and without any appropriate reason revisionist is living separately.
Therefore, in the interest of justice, the revision is allowed and the order dated 27.05.1999 is set aside and the matter is remitted back to the court concerned with a direction that the learned court below shall decide the same afresh keeping in view the provisions of Section 125 Cr.P.C.
Both the parties are directed to appear before the Court concerned on 25.9.2018.
A copy of this judgment and order be transmitted to the Court concerned immediately for necessary compliance.
Order Date :- 24.8.2018 NS