VIRENDRA SINGH YADAVA Vs. SHARDA DEVI AND OTHERS

JUDGEMENT

(1.) Heard Shri Sarvwesh, learned counsel for the applicant in revision and the learned A.G.A.

(2.) This revision is directed against the order passed by II Addl. C.J.M. Kanpur Dehat allowing application under Sec. 125 Crimial P.C. made by opposite party No. 1 claiming maintenance for herself and her minor son Rohit - opposite party No. 2. That application was earlier rejected by the Magistrate but on the revision filed by opposite party No. 1, the order of the Magistrate was set aside and the case was remanded back to the Magistrate with the direction that he shall record clear cut findings with regard to cruelty and other issues afresh in accordance with law. After remand the learned Magistrate has passed a detailed order giving clear cut findings on the relevant issues that opposite party was unable to maintain herself, that the applicant in revision has sufficient means, that the opposite parties have been neglected by the applicant and he has failed to maintain them and that there was sufficient cause entitling the wife to live separately. With these findings the learned Magistrate has awarded maintenance allowance at the rate of Rs 300.00 per month to applicant's wife and Rs. 200.00 per month for their minor son. This amount, having regard to the income of the applicant cannot be said to be excessive. It may also be relevant to mention here that the order is concluded by findings of fact which have been recorded on appraisal of evidence. No sufficient ground is made out for exercising the revisional powers.

(3.) Revision is accordingly dismissed.