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GANESH RAI versus SMT. K. DEVI

High Court of Judicature at Allahabad

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Ganesh Rai v. Smt. K. Devi - CRIMINAL REVISION No. 1468 of 1987 [2006] RD-AH 3073 (10 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Reserved

Criminal Revision No.1468 of 1987

Ganesh Ram Vs. Smt. Kaushalya Devi

Hon'ble R.K.Rastogi,J

This is a revision  against the judgment and order dated 13.8.1987 passed by  Sri  H.L.Kureel    then  learned  II  Addl.  Sessions Judge, Ghazipur   in Criminal Revision No. 57 of 1987,  Smt. Kaushalya Devi Vs.  State and others.

The facts relevant  for disposal of  this revision  are that Smt. Kaushalya Devi   had filed an application under section 125 Cr.P.C.  against  Sri Ganesh Ram , the revisionist  in the court of  Judicial  Magistrate, Ghazipur  which was  registered as  Misc.  Case No.129 of 1986 with the allegation that  she  was  the  legally  wedded wife  of Sri Ganesh Ram  who   had  deserted   her,  and she was   unable to  maintain herself . It was further  alleged that Sri  Ganesh Ram  was employed in an Aluminium   Factory   and  he was drawing a sum of Rs.1500/- per month as salary . It was also stated that  daughter and son of  the applicant were also residing  with her and so  the   opposite party should be asked to  pay Rs.100/- per month to her  and   Rs.50/-  P.M.to  each minor  child        

Sri  Ganesh Ram  admitted that  Smt. Kaushalya Devi  was  his legally wedded wife but he alleged that  she was a lady of loose   character  and she  had left  marital  home  alongwith minor children  and so  he was not liable to  pay  any maintenance. Both the parties  led their evidence  before the  learned Magistrate in support  of their contentions. The learned Magistrate, after hearing of the case,  reached  the conclusion  that  Smt. Kaushalaya Devi was a lady of  loose character  and she had herself left  her marital house and  hence  she was not entitled to  any maintenance. Even then,  Sri Ganesh Ram  was liable to pay maintenance to  his minor  children who were residing with  Kaushalya Devi . He, therefore,  passed   order awarding Rs.50/-  per month as maintenance   to each  child. Aggrieved with that order  Smt.  Kaushalya Devi  filed  Criminal Revision No. 57 of 1987 before the  learned  Sessions  Judge,Ghazipur.

The above revision  was heard and decided  by  Mr. H.L.Kureel then  learned  II Addl. Sessions Judge, Ghazipur.  He was of the view  that  Ganesh Ram  had failed to  prove that  Smt.  Kaushalya Devi was a lady of  loose  character and  that she was leading an adulterous life. He, therefore,  allowed the revision and passed order for payment of  Rs.100/- per month  to  Smt. Kaushalya Devi  also as maintenance.                  

Aggrieved with that order   Sri Ganesh  Ram filed this revision  before this court. On 4.1.2006 when the case was called none appeared on behalf of the revisionist as well as  the opposite party. Hence, arguments of the learned A.G.A. who  was   present in court,  were heard and the  record was perused.

After a careful  perusal of the record  and the judgment of  the  learned   II Addl. Sessions Judge and  after  hearing  the submissions made  by the learned counsel for the  State,  I  find  that the findings recorded by the learned Addl. Sessions Judge  are based on proper appreciation of  evidence and there is no illegality in his order. He has rightly awarded   Rs.100/- per month  in favour  of Smt.Kaushalya Devi  as maintenance. Thus, the  judgment and order  passed  by the learned  II Addl. Sessions  Judge do not suffer from  any illegality. The revision, in this way,  has got no force and  is liable to be dismissed.

The revision is, accordingly, dismissed. The judgment and order dated 13.8.1987 passed by  Sri  H.L.Kureel    then learned   II  Addl.  Sessions Judge, Ghazipur   in Criminal Revision No. 57 of 1987,  Smt. Kaushalya Devi Vs.  State and others are  hereby confirmed.

Dated:10.2.06

MLK


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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