Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 13168 of 2005 Petitioner :- Rakhi @ Jyoti Gupta Respondent :- State Of U.P. & Another Counsel for Petitioner :- K.K. Tripathi,Shyam Narayan Verma Counsel for Respondent :- Govt. Advocate,Ashok K. Jaiswal,Pt. R.A. Mishra
Hon'ble Aniruddha Singh,J.
Heard Shri Shaym Narayan Verma, learned counsel for the petitioner and Shri Siddharth Jaiswal, learned counsel for the opposite party No. 2, learned AGA appearing for the State and perused the record of the case.
This writ petition has been filed by the petitioner Rakhi @ Jyoti Gupta against the order dated 26.10.2005 passed by learned Additional District and Sessions Judge, Fast Track Court, court No. 2, Kanpur Dehat in Revision No. 90 of 2005 (Deepak Gupta vs. Rakhi Gupta).
Initially one application was moved by the petitioner (herein) Smt. Rakhi Gupta @ Jyoti Gupta against her husband, Deepak Gupta under Section 125 Cr.P.C. before the court of Civil Judge (Junior Division) Bhognipur, district Kanpur Dehat in Case No. 49/11 of 2004. The learned Judge allowed the application of petitioner, Rakhi Gupta @ Jyoti Gupta on 21.6.2005 and awarded maintenance to Rakhi Gupta @ Jyoti Gupta @ of Rs. 4,500/- per month from the date of application i.e. 19.6.2004. Aggrieved by the order dated 21.6.2005, the husband, Deepak Gupta filed a revision before the court of Additional District and Sessions Judge, whereby the learned Judge has partly allowed the revision and reduced the maintenance amount from Rs. 4,500/- per month to Rs. 2,000/- per month, which is under challenge in this writ petition.
Learned counsel for the petitioner submitted that the revisional court has exercised arbitrarily jurisdiction about reassessing the evidence assessed by the lower court. Hence, the order passed by the revisional court is illegal.
Learned counsel for opposite party No. 2, Deepak Gupta, has submitted that impugned order passed by the courts below are illegal and improper. Petitioner is unemployed graduate and his source of income is only private tuition and he has no other source of income and he is teaching only three students and earning Rs. 1,200/- per month only.
After appreciating all evidence adduced learned Revisional Court recorded finding that Deepak Gupta is well educated and teaching medical student and earning Rs. 4,000/- to 5,000/- per student.
This Court finds no illegality or infirmity in the impugned order.
The writ petition lacks merit and is hereby dismissed.
The parties are at liberty to make applications according to law about the payment of arrears etc.
Copy of this judgement be transmitted to the court concerned for necessary action within 6 days. The compliance report be sent to this Court within one month.
Office is directed to place compliance report on record.
Order Date :- 26.7.2018 Sumaira