Court No. - 75

Case :- CRIMINAL REVISION No. - 917 of 2021

Revisionist :- Ashish Singh Chauhan

Opposite Party :- State Of U.P.And Another

Counsel for Revisionist :- Lal Mani Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Agarwal,J.

1. None for the revisionist-petitioner though VC link has been

successfully sent to Sri L.M. Tripathi, learned counsel for the

revisionist.

2. When R.O. tried to contact him on his mobile phone, he

informed that he is not picking his phone.

3. In view of such fact, matter is taken up with the help of

learned AGA.

4. Revisionist-petitioner has challanged the order dated

17.12.2020 passed by learned Additional Principal Judge,

Family Court No. 2, Kanpur Nagar in Case No. 1000 of 2018,

whereby the court below has awarded a monthly maintenance

of Rs. 8000/- and cost of Rs. 20,000/- in terms of the order

already passed by coordinate Bench under Section 24 of Hindu

Marriage Act and further directed that as far as maintenance is

concerned that amount of monthly maintenance shall be

adjusted against amount awarded under section 24 of the Hindu

Marriage Act, but cost will be payable.

5. This revision has been filed on the ground that it was actually

the wife of the revisionist who misbehaved with the revisionist

and consequentially denied fulfillment of her matrimonial

duties towards her husband, therefore, she is not entitled to any

maintenance. It is also mentioned that she has deserted

revisionist without any sufficient reason and therefore the order

of maintenance be set aside.

6. After perusing the record, it is evident that interim

maintenance does not call for any interference at this stage and

it is a matter of evidence as to whether wife of the revisionist is

entitled to the maintenance or not in view of the averments

made in the revision namely on the ground of desertion and her

rude behaviour. Therefore, there being no illegality in impugned

order,the present revision fails and is dismissed.

Order Date :- 12.7.2021/S.K.S.