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2024 Supreme(All) 531

SURENDRA SINGH I
Ashish Jaiswal – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Revisionist : Jainendra Kumar Mishra
For the Opposite Party : Vijai Prakash Yadav

JUDGMENT :

Heard Sri Jainendra Kumar Mishra, learned counsel for the revisionist and Sri Vijai Prakash Yadav, learned counsel for the opposite party nos. 2 and 3.

2. By means of this instant criminal revision, the revisionist has assailed the impugned judgement and order dated 04.08.2023 passed by learned Additional Principal Judge, Family Court-III, Jaunpur, in Petition No. 666 of 2019, Jyoti Kumari and Another Vs. Ashish Jaiswal.

3. By the impugned judgement and order, the trial court has granted Rs.3,000/-per month to opposite party no. 2, Jyoti Kumari and Rs.2,000/-per month to her minor daughter, Niyati from the date of filing of application u/s 125 Cr.P.C. unless they become disqualified for getting maintenance.

4. Averment has been made by learned counsel for the revisionist that the trial court has passed the impugned judgement and order against the provisions of law and without proper appreciation of evidence on record. It has next been submitted that since the opposite party no. 2, Smt. Jyoti Kumari was voluntarily and without any reason residing away from the revisionist, she is not entitled for maintenance. It has also been submitted that as per ultrasound report of opposit

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