Court No. - 45
Case :- CRIMINAL REVISION No. - 3218 of 2018 Revisionist :- Smt. Anjali And Another Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Bablu Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per office report dated 28.11.2018, notice on opposite party No.2 is sufficient.
Lower court's record has been received.
This revision is directed against the order dated 2.7.2018 passed by the Additional Sessions Judge/Fast Track Court No.2/Family Judge, Ghaziabad in Case No.707 of 2015, under Section 125, Cr.P.C., P.S. Muradnagar, District Ghaziabad.
Submission is that the court below has allowed the application of the applicant under Section 125, Cr.P.C. directing only payment of maintenance amount of Rs.6,000/- to the applicant No.1 (wife) and Rs.3,000/- to the applicant No.2, who is the minor daughter of O.P. No.2. It is submitted that the aforesaid amount of maintenance has been directed to be paid from the date of order only when it should have been directed to be paid from the date of application. Learned counsel for the applicants has pointed out that the opposite party No.2 is employed on the post of clerk in the Jal Vibhag and is earning Rs.35,000/- per month, therefore, the amount of maintenance granted by the court below is on the lower side and deserves to be enhanced. It has further been submitted that the applicant No.1 is without any means of survival and the applicant No.2 is her minor daughter, who has to be educated and brought up by the applicant No.1. She was aged about 5 years in the year 2015 and is now aged about 8 years.
Considering the fact that the opposite party No.2 is earning Rs.35,000/- per month, order dated 2.7.2018 passed by the Additional Sessions Judge/Fast Track Court No.2/Family Judge, Ghaziabad in Case No.707 of 2015, under Section 125, Cr.P.C. is modified and opposite party No.2 is directed to make payment of Rs.10,000/- per month to the applicant No.1 and Rs.6,000/- to the applicant No.2 from the date of the order passed by the Family Court, Ghaziabad i.e. 2.7.2018 in the aforesaid case.
This revision stands partly allowed.
Record of the court below is directed to be sent back.
Order Date :- 29.11.2018 T. Sinha