Court No. - 52
Case :- CRIMINAL REVISION DEFECTIVE No. - 450 of 2019 Revisionist :- Sunil Kharare Opposite Party :- State Of U.P. And 2 Ors.
Counsel for Revisionist :- Vinay Kumar Singh,Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Surat Ram (Maurya),J.
Order on the Delay Condonation Application
Heard Sri Vinay Kumar Singh for the applicant and A.G.A. for State of U.P.
The revision has been filed with a delay of 17 days. The revisionist has filed this application for condonation of delay, along with an affidavit.
Delay in filing the revision has been sufficiently explained in the affidavit filed in support of the delay condonation application.
Cause shown is sufficient. Delay in filing the appeal is condoned.
The delay condonation application is allowed.
Order on the Revision Heard Sri Vinay Kumar Singh for the revisionist and A.G.A. for State of U.P.
This revision has been filed against the order of Principal Judge, Family Court, Jhansi dated 5.2.2019, by which application u/s 125 Cr.P.C., moved by O.P. No. 2 has been allowed and O.P. No. 2 has been granted maintenance of Rs. 3,000/- per month for herself and Rs.1,000/- per month for her minor daughter Shivanya.
I have considered the arguments of counsel for the revisionist. It has not been denied that Smt. Jyoti was married to Sunil Kharare (the revisionist). Km. Shivanya was born out of their wedlock. As relation between the parties has not been denied, as such, being wife and minor daughter, they are entitled for maintenance.
So far as the amount of maintenance is concerned, according to Jyoti Balmiki, the applicant was doing private service and was earning Rs. 10,000/- per month. Although, allegation in this respect was denied by the applicant in his written statement, but the revisionist has not disclosed his employment, therefore, the court below has determined income of the applicant as meagre and considered him an ordinary labourer. Accordingly, Rs. 3,000/- per month has been awarded to the wife and Rs.1,000/- per month has been awarded to the minor daughter. The impugned order does not suffer from any illegality.
The revision has no merit and is dismissed.
Order Date :- 30.5.2019 Jaideep/-