Court No. - 72
Case :- CRIMINAL REVISION No. - 3251 of 2019 Revisionist :- Vikas Kumar Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Sudhir Bharti Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Mr. Sudhir Bharti, learned counsel for the revisionist and learned AGA for the State.
The present revision under Section 397/401 Cr.P.C., has been filed to challenging order dated 15.07.2019 passed by Additional District & Sessions Judge, Court No. 12, Ghaziabad in Criminal Appeal No. 19 of 2019 whereby the appeal filed by the revisionist was dismissed affirming the order dated 28.07.2018, passed by A.C.J.M., Court No. 2, Ghaziabad in Case No. 939 of 2017, under Section 12 of the Protection of Women From Domestic Violence Act, 2005, Police Station- Vijay Nagar, District- Ghaziabad.
It reflects from the records that Magistrate vide order dated 28.07.2018 allowed the application filed by opposite party No. 2 and directed the revisionist to pay a sum of Rs. 6,000/- to his wife and Rs. 1500/- to his son, total amounting of Rs. 7,500/-. Against that order, Criminal Appeal No. 19/2019 was filed, which was dismissed vide order dated 15.07.2019 affirming the order passed by the Magistrate.
Both orders are impugned in the present revision.
Contention of learned counsel for the revisionist is that the maintenance awarded by the Magistrate to the extent of Rs. 7,500/- to his wife and son is to excessive and, therefore, the same should be reduced.
I do not find any substance in the argument so raised by the revisionist. The revisionist in his statement as D.W.-1 has admitted that his income is Rs. 24,500/- per month and he is working as peon in police department. The revisionist is a government servant and his salary must have been increased by now.
In these circumstances, the maintenance awarded by the Magistrate to the extent of Rs. 7,500/- to his wife and son cannot said to be excessive in these hard days.
I do not find any illegality or infirmity in the order impugned. The revision lacks merit and is, accordingly, dismissed.
Order Date :- 22.8.2019/S.K