Neutral Citation No. - 2024:AHC-LKO:41635
Court No. - 15
Case :- CRIMINAL REVISION No. - 618 of 2024
Revisionist :- Dilshad Ali @ Raju Ali
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt.
Lko. And 2 Others
Counsel for Revisionist :- Saurabh Saxena,Mata Prasad
Chaturvedi,Shiv Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the revisionist, learned A.G.A. for the
State-respondent No.1.
In view of the proposed order being passed, notices to
respondent Nos.2 and 3 is dispensed with.
This revision has been filed against the order dated 10.04.2024
passed by Principal Judge, Family Court, Lucknow in Criminal
Misc. Case No.1167 of 2020 filed under Section 125 Cr.P.C. by
which the maintenance of Rs.6,000/- per month and Rs.2,000/-
per month has been awarded respectively to respondent Nos.2
and 3.
Perused the record.
Perusal of the record shows that respondent Nos.2 and 3 are
destitute and are unable to maintain themselves. Since the
revisionist has re-married after leaving the respondent No.2
therefore, she is residing away from him which is a sufficient
cause. No evidence has been filed nor any averment has been
made by the revisionist before the learned trial court that he is
incapable of earning his livelihood.
On the contrary, in his proprietorship, Pawan Steel Fabricators
Lakadmandi near Gueyan Devi Mandir Shadatganj, Lucknow a
shop is shown thus, learned trial court while deciding the issue
No.3 has rightly concluded that in spite of the fact that
revisionist is capable of maintaining the respondents he has
neglected them. Respondent No.2 is a legally wedded wife of
the revisionist and respondent No.3 is his minor daughter.
Respondent No.2 is residing away from the revisionist for a
sufficient cause. Revisionist is having enough resources to
maintain the respondents however, he has neglected them
towards their maintenance as such they are entitled for the
maintenance.
Considering all these aspects, this Court finds that learned trial
court has rightly concluded that respondent Nos.2 and 3 are
entitled for monthly maintenance of Rs.6,000/- and Rs.4,000/-
per month, there is no illegality or impropriety in the order
impugned. Revision being devoid of merits is accordingly
dismissed.
Order Date :- 31.5.2024
Saurabh Yadav/-
Digitally signed by :-
SAURABH YADAV
High Court of Judicature at Allahabad,
Lucknow Bench