Court No. - 49
Case :- CRIMINAL REVISION No. - 1653 of 2021 Revisionist :- Prem Shankar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ajay Kumar(A) Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri Ajay Kumar, learned counsel for the revisionist - Prem Shankar.
2. This criminal revision has been filed being aggrieved of order dated 8.4.2021 passed by learned Principal Judge, Family Court, Pilibhit in Maintenance Case No. 677 of 2018. whereby learned court below has awarded a sum of Rs. 3000/- per month as maintenance from the date of filing of the application.
3. Counsel for the revision-petitioner submits that learned court below has not considered the fact that petitioner has categorically deposed in his evidence as DW-1 that he has no source of income and is unemployed. He has actually mentioned in his deposition that he is dependent on his parents and has no source of income yet maintenance at the rate of Rs. 3000/- per month has been awarded in favour of wife of the petitioner.
4. Learned AGA in his turn submits that there is no illegality in the impugned order. Petitioner has himself admitted that his father has 10-12 bigha of land, out of which 8 bigha is ancestral property and he has also admitted that he is engaged in the agricultural operations. Therefore, reading this part of the evidence as has been discussed in para-39 of the impugned order, it is submitted that there is no illegality in the impugned order calling for any interference.
5. After hearing counsel for the parties and going from the available record, it is admitted by petitioner - Prem Shankar, who was examined as DW-1 before the court that he is engaged in agricultural operation on his ancestral land and also the fact that he has not produced any other independent witness to substantiate his plea of his non-employment otherwise, I do not find any error apparent in the impugned order calling for interference. Revision fails and is dismissed.
Order Date :- 29.7.2021 S.K.S.