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Rakesh v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 4522 of 2006 [2006] RD-AH 7700 (13 April 2006)


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Court No. 43

Criminal Misc. Writ Petition No. 4522 of 2006

Rakesh Vs. State of U.P. and others

Hon'ble Mukteshwar Prasad, J.

Heard learned counsel for the petitioner, learned A.G.A. and perused the impugned judgments passed by Addl. Civil Judge                 (Jr. D.)/J.M. Baghpat dated 24.8. 2005 as well as revisional court dated 16.2.2006 respectively.

It appears that an application for maintenance was moved by Smt. Kavita, wife of the petitioner and she claimed maintenance at the rate of Rs. 10,000/- for herself and her minor daughter Km. Anchal. The learned Magistrate after considering the entire material on record allowed the application and allowed maintenance allowance to the petitioner's wife at the rate of Rs. 2,000/- per mensem. A sum of Rs.500/- was allowed as maintenance to the daughter of the petitioner. This order was challenged by the husband by filing criminal revision no. 572 of 2005 which was dismissed on 16.2.2006.

Learned counsel for the petitioner has submitted that petitioner has no income and without recording any finding, the court below has fixed the maintenance allowance which is liable to be set aside.

After having considered the contention of learned counsel for the petitioner and the material on record, I find that contention of petitioner's learned counsel is not well founded and is not sustainable. The courts below after taking into consideration the evidence led by the parties and after appraisal concluded that petitioner was liable to pay maintenance allowance to the wife and her daughter at the rate of Rs.2500/- per mensem.

Considering the soaring prices of almost all the essential commodities and the cost of living in the country, I find no illegality in the impugned orders and see no good ground to reduce the amount of maintenance allowance. Consequently, it is held that this petition is devoid of substance and lacks merit. The petition is liable to be dismissed.

The petition is accordingly dismissed.




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