Court No. - 41
Case :- CRIMINAL REVISION No. - 3704 of 2005 Revisionist :- Reena Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Mohit Singh Counsel for Opposite Party :- Govt. Advocate,T.A.Khan
Hon'ble Aniruddha Singh,J.
Heard Sri Dileep Kumar Shukla, Advocate holding brief of Sri Mohit Singh, learned counsel for the revisionist and Sri T.A. Khan, learned counsel for opposite party No. 2 and perused the record.
Learned counsel for the revisionist submitted that by impugned order dated 28.6.2005 passed by Principal Judge/Additional District Judge, Family Court, Moradabad in Case No. 260/11/03( Reena vs. Anil Srivastava) whereby Rs.500/- per month has been awarded as maintenance to revisionist No.2/son of applicant revisionist Reena whereas revisionist No.1 Reena has been denied maintenance. She was denied to maintenance on the ground that she is living separately from her husband.
Learned counsel for the revisionists submitted that revisionist Reena has been ousted from the matrimonial house due to leprosy disease which she developed after marriage and husband is accused in a case under Section 498A IPC and 3/4 of Dowry Prohibition Act. Charge sheet has been submitted in that case, hence the finding given by learned Principal Judge is not correct on this issue. Revisionist Reena is not living with her husband due to having been tortured by her husband and she is entitled to maintenance.
Learned counsel for opposite party 2 submitted that revisionist No.1 is living separately from her husband on her own free will and she is not entitled to any maintenance from opposite party no. 2 Anil Srivastava.
In this situation, this court has no option but to remand the case and direct Principal Judge/Additional District Judge, Family Court, Moradabad to decide the matter afresh considering the evidence produced by the parties on this issue.
Learned counsel for opposite party no. 2 has submitted that maintenance awarded to the son of revisionist No.l is now not maintainable because date of birth of son of revisionist is 9.3.2000 and as on date he became major. No other issue was pressed before this Court. The revision is liable to be allowed.
The revision is allowed. Impugned order dated 28.6.2005 passed by Principal Judge/Additional District Judge, Family Court, Moradabad in Case No. 260/11/03 is hereby set aside. The case is remanded back to the Principal Judge/Additional District Judge, Family Court, Moradabad to consider and decide afresh after giving opportunity to produce evidence by both parties, according to law.
Both parties shall appear before the Court of Principal Judge/Additional District Judge, Family Court, Moradabad on 29.9.2018.
Order Date :- 26.7.2018 P.P.