LAWS(ALL)-2021-7-63

SHYAM SUNDAR YADAV Vs. STATE OF U. P.

Decided On July 08, 2021
Shyam Sundar Yadav Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Abhai Kumar Singh, learned counsel for the revisionist through video conferencing, learned A.G.A. for the State and perused the record.

(2.) This criminal revision has been filed by the revisionist against the impugned judgement and order dated 3.3.2021 passed by Additional Principal Judge IInd, Family Court Jaunpur in Case No.628 of 2014, under Section 125 of Cr.P.C. by which opposite party no.2 was awarded Rs.3500/-per month as maintenance allowance.

(3.) Submission made by the counsel for the revisionist is that the revisionist is a very poor person having no source of income and he has been unable to pay Rs. 3500/- per month. He further submitted that the court below has not considered that the opposite party no.2 (wife) is living separately from the revisionist without any reasonable reason so she is not liable to get any maintenance from the revisionist. After recording the statements of the contesting parties, without considering the facts and evidence on record allowed the application of opposite party no.2 and awarded her Rs. 3500/- per month as maintenance allowance.