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2025 DAILYLAW 121173 (ALL)

MUNISH VERMA @ MUNISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 2 OTHERS

CRLR/142/2025 · 2025-02-05

Karunesh Singh Pawar

body2025

Judgment text

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Court No. - 16 Case :- CRIMINAL REVISION No. - 142 of 2025 Revisionist :- Munish Verma @ Munish Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others Counsel for Revisionist :- Syed Mohammad Abuzar Zaidi,Shahbaz Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the revisionist and learned A.G.A. for the respondent State. Notices to respondent nos. 2 and 3 are dispensed with in view of the proposed order. The present revision under Section 19(4) of the Family Courts Act has been filed by the revisionist against the orders dated 17.10.2024 and order dated 28.11.2024 passed by learned Principal Judge, Family Court, District Lucknow in Case No.318 of 2022 under Section 125 Cr.P.C. Police Station Aashiyana, District Lucknow. Perused the record. Learned counsel for the revisionist submits that the revisionist is a poor labourer and not in a position to pay Rs.4,000/- per month to the respondent no.2 and Rs.2500/- to respondent no.3 as an interim maintenance as he is only a Manrega labour. Perusal of the record shows that it is alleged by the respondents that the revisionist is running a four wheeler on rent and has also two shops and from which he has adequate source of income. It is not disputed by the revisionist that respondent no.2 is his legally wedded wife and respondent no.3 is his minor son, thus, considering these aspects, the order for interim maintenance was passed. The rival contentions of the parties regarding their income and other issues shall be adjudicated by the learned trial court after completion of evidences. There appears to be no illegality in the order impugned. The revision, being devoid of merit, is accordingly dismissed. Order Date :- 5.2.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench