ARYAMAN CHOPRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant criminal revision has been filed by the revisionist Aryaman Chopra through his natural guardian/mother Smt. Anamika Chopra against judgment and order dtd. 21/11/2019 passed by Principal Judge Family Court Gautam Budh Nagar in Maintenance Case No.374 of 2013, Aryaman Chopra Vs. Sri Gaurav Mehta, under Sec. 125 Cr.P.C. Police Station Sector, 20, Noida, District Gautam Budha Nagar, with prayer to enhance the amount of maintenance granted in favour of the revisionist by the learned court below. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(2.) Heard submissions of Smt. Anamika Chopra, appearing in person for the revisionist, counsel for the respondent No.2 and learned A.G.A. for the State-respondent.

(3.) The factual matrix of the case in brief are that revisionist had filed an application under Sec. 125 Cr.P.C. as well as seeking maintenance to the tune of Rs.15,000.00 per month before the Court of Civil Judge, Family Court (JD), Gautam Budha Nagar, Noida on 11/9/2009, which was earlier registered as Misc. Application No.50 of 2009. During the pendency of said application, the Family Court established in the District and the case was transferred to the Court of Principal Judge, Family Court, Gautam Budh Nagar and where it was registered as Case No.374 of 2013, under Sec. 125 Cr.P.C. The maintenance application was filed by the applicant who was minor, through his mother and guardian Smt. Anamika Chopra. It is alleged in the said application that revisionist is minor, he was born on 27/12/2004 out of wedlock of his father Gaurav Mehta and mother Smt. Anamika Chopa. Due to certain differences between the parents of the revisionist. Both of them decided to dissolve their marriage which was solemnized on 27/2/2004 as per the Hindu rites and rituals. Right from the birth of applicant remained under the care and custody of his mother and even at the time of filing of application for maintenance on 11/9/2009 he lived alongwith his mother at the place of his maternal grand parents at Noida. The decree of divorce was granted by the competent Court by mutual consent and the marriage of the mother of the applicant and opposite party who is his father dissolved under Sec. 13(b) (II) of Hindu Marriage Act, 1955 in the Court of District Judge, New Delhi in 2007. In the divorce petition on mutual consent, it was mutually agreed that the parties would get separated. However, the custody of the applicant would remain with the mother. The father was given visitation right and he could visit the applicant once in a month. After hearing the parties and learned District Judge, New Delhi vide order dtd. 8/12/2007 passed decree of divorce by mutual consent and a copy thereof has been filed as Annexure No.C to affidavit accompanying the revision.