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2024 Supreme(All) 376

SURENDRA SINGH I
Alka – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellants : Ram Jee Saxena, Raghuvansh Chandra.
For the Respondent: Ashok Kumar Pandey.

JUDGMENT :

SURENDRA SINGH-I, J.

1. By means of the instant criminal revision, revisionists have assailed the judgment and order dated 13.09.2022 passed by Additional Principal Judge, Family Judge Court No. 1, Meerut in Case No. 07 of 2022 (Smt. Alka vs. Sohanpal @ Sonu), under Section 125 Cr.P.C.

2. By the impugned order, the trial Court has granted interim maintenance of Rs. 3,000/- to the revisionist No. 1 and of Rs. 2,000/- to the revisionist Nos. 2 and 3 per month each under Section 125 Cr.P.C. The revisionists have prayed in the revision for enhancement of maintenance allowance granted by the trial Court in their favour.

3. It has been submitted by the learned counsel for the revisionists that before calculating the quantum of maintenance, the trial court has not taken into consideration the salary of the opposite party No. 2 (husband) and the status of family. It has also been submitted that opposite party No. 2 is still neglecting to maintain the revisionists, who are his wife and two minor daughters. The revisionists are not capable to maintain themselves. He next submitted that finding of the trial court regarding the income of the opposite party No. 2 is not based on the evid

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