Court No. - 71
Case :- CRIMINAL REVISION No. - 4933 of 2019 Revisionist :- Surendra Kukmar Sharma Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and the learned AGA for the State.
2. The present revision has been filed against the order passed by the Additional Sessions Judge, Varanasi dated 23.10.2019, by which the said Court had dismissed Criminal Appeal No.71 of 2019 filed by the applicant against the order of maintenance.
3. In that regard, undisputedly, the applicant is a medical representative. Though the original order was passed ex- parte against him, however, in the appeal proceedings, the applicant did not bring on record his income.
4. In such facts, the award of maintenance @ Rs.7,000/- per month to opposite party no.2, who is the wife of the present applicant, is neither excessive nor arbitrary, nor unjustified. The fact that the marriage between the parties may have been disolved may not ipso facto exclude the claimant from payment of maintenance as she may continue to fall within the meaning of the phrase "aggrieved person" for the purpose of Section 20 read with Section 12 of the Protection of Women from Domestic Violence Act, 2005.
5. The revision is dismissed.
Order Date :- 20.12.2019 Saif