Parijat v. State of U.P. Thru. Chief Addl. Secy. Home Lko. and Another

Court No. - 12 Case :- CRIMINAL REVISION No. - 1206 of 2023 Revisionist :- Parijat Opposite Party :- State Of U.P. Thru. Chief Addl. Secy. Home Lko. And Another Counsel for Revisionist :- Abdhesh Chandra Dwivedi,Awdhesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.

¶2Present revision has been moved by the revisionist to stay the arrears dated 25.08.2023 passed by Additional Principal Judge-I, Family Court, Lucknow in Criminal Misc. No.1511 of 2022 under Section 125 of Cr.P.C.

¶3Learned counsel for the revisionist submitted that the revisionist is suffering from several ailments and his wife is a government employee. He further submitted that without considering the submissions of the revisionist, impugned order has been passed for making payment of Rs.5000/- per month to private respondent as the revisionist is not permitted to meet his child/respondent no.2, therefore, kind indulgence of this Court is necessary.

¶4Learned A.G.A. opposed the prayer of revisionist and submitted that not even a single document has been annexed with the revision related to the ailment of the revisionist, as the maintenance of Rs.5000/- per month has been awarded to the son of revisionist who is aged about three years, therefore, there is no illegality in the impugned order as the revisionist is working as a Marketing Inspector and his salary is upto 49,000/-.

¶5Considering the submissions of learned counsel for the parties, going through the contents of revision, as well as other relevant documents, as it is undisputed fact that the revisionist is Marketing Inspector and at this stage, interim maintenance has been awarded to his son who is residing with his mother/ wife of revisionist, therefore, there is no illegality in the order passed by the trial court and the revision is liable to be dismissed.

¶6Accordingly, the revision is hereby dismissed. Order Date :- 31.10.2023 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench