SANDEEP RANA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist as well as learned A.G.A. appearing for the State and perused the record.

(2.) The present revision has been preferred against the order dated 07.02.2014 passed by the Principal Judge, Family Court, Ghaziabad, in Case No. 400 of 2013, under Section- 125 Cr.P.C . (Smt. Neeraj @ Malishka and Others Vs. Sandeep Rana) whereby learned Principal Judge has awarded a total sum of Rs. 5,000/- per month as maintenance allowance from the date of the application, to the contesting opposite parties viz. Rs. 2500/- to the wife and Rs. 2500/- to the minor son.

(3.) Learned counsel for the revisionist has submitted that the order passed by the lower court is against the provision of law and against the evidence on record. Learned court below did not consider the fact that respondent/applicant (wife of revisionist) has herself deserted to revisionist without any sufficient reason. Learned Principal Judge, Family Court could not properly assessed and consider the income of revisionist-husband and awarded maintenance allowance which is excessive and exorbitant. Learned lower court has wrongly determined the income of revisionist without any evidence, therefore, the order of court below is liable to be set aside and present revision is liable to be allowed.