PRAVEEN SRIVASTAVA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ajay Kumar Chaurasia, learned counsel for the revisionist, Sri Praveen Kumar Srivastava, learned counsel for the opposite party no.2 and Sri Ashwini Prakash Tripathi, learned AGA for the State and perused the record. As per the office report dated 21.08.2017, the lower court records which were summoned are tagged with the present revision, which have also been perused.

(2.) The present revision has been preferred against the judgment and order dated 20.05.2016 passed by the Family Court, Gorakhpur in Case No. 62 of 2005 (Smt. Sarika Vs. Shri Praveen Srivastava) by which the wife of the revisionist has been directed to be paid Rs. 10,000/- and Kumari Bhumika Srivastava, the daughter of the revisionist and the opposite party no.2 has been directed to be paid Rs. 5,000/- from the date of the order which will be effective from May, 2016 as maintenance.

(3.) Learned counsel for the revisionist argued that the order impugned is bad in law as the opposite party no.2 was living in adultery and the child born from her is not from his contact and the paternity of the said child is seriously disputed. It is further argued that the marriage of the revisionist with the opposite party no.2 took place on 16.05.2003 and the gavna (second marriage) took place on 17.05.2003 and the girl child was born on 28.01.2004 in a normal delivery which is after 8 months and 11 days of marriage and as such is evident that the said child is not born out of the wedlock of the revisionist and the opposite party no.2. Learned counsel has then argued vehemently that the quantum of maintenance as awarded being Rs. 10,000/- per month to the wife and Rs. 5,000/- per month to the daughter is quite excessive looking to the facts and circumstances of the case, specially the fact that the revisionist is drawing a salary of Rs. 15,000/- per month only. Learned counsel confines his argument primarily to the quantum of maintenance as awarded to the wife and the daughter and then argues that looking to the fact that the wife was living in adultery and the girl child was not born out of his wedlock, the same be reduced.