Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 8997 of 2007 Petitioner :- Rajendra Prasad Respondent :- State Of U.P. And Another Counsel for Petitioner :- Giri Ram Rawat Counsel for Respondent :- Govt.Advocate,Narain Singh Kushwaha
Hon'ble Siddharth,J.
Heard learned counsel for the parties.
This petition has been filed against the order dated 3.5.2007 passed in criminal revision no. no. 352 of 2006 and the order dated 10.7.200g in case no. 1487 of 2003 passed by the Additional Sessions Judge Court No. 2 Etah and Judicial Magistrate, Etah respectively under section 125 Cr.P.C. awarding maintenance of Rs. 700/- per month to the opposite party no.2 from the date of the application.
Learned counsel for the petitioner Shri Giri Ram Rawat has submitted that order passed by the trial court may be modified to the extent that award may be directed to be paid from the date of the order and not from the date of the application.
The trial court has recorded the finding that amount of Rs. 700/- per month is being awarded keeping in view the financial position and capacity of the petitioner. Even otherwise amount of Rs. 700/- can not be said to be excessive, therefore, this court is not inclined to interfere in the impugned order passed by the courts below.
The writ petition fails and is hereby dismissed.
Order Date :- 13.9.2018 Atul kr. sri.