LALMANI DEVI Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2015-10-173
HIGH COURT OF ALLAHABAD
Decided on October 09,2015

LALMANI DEVI Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) By the judgment dated 15.12.2014, Principal Judge, Family Court, Varanasi had decided the misc. case no. 127/1998 (Lalmani Devi v. Nanhku Ram) under Section 125 Cr.P.C., P.S. Bhelupur, Varanasi. By this judgment the court had partially allowed the application of maintenance of the applicant against her husband and directed OP/ husband to pay Rs. 2,000/- per month as maintenance from the date of application. By present petition under Section 482 Cr.P.C. the applicant Lalmani Devi had prayed that said judgment be modified and amount of quantum of maintenance be enhanced from Rs. 2000/- to Rs. 15,000/- per month and that too from the date of application under Section 125 Cr.P.C.
(2.) Inspite of notice of service, none appeared from the side of the opposite party. Heard learned counsel for the applicant who contended that Rs. 2000/- per month is too meager amount which is insufficient to maintain the applicant, therefore it should be enhanced. He also contended that without any sufficient reason, lower court had passed the order directing the maintenance to be paid from the date of order in spite of date of filing of application.
(3.) In the light of the argument advanced I have perused the records and relevant legal provisions. The impugned order of Principal Judge, Family Court, Varanasi has been passed in summary proceedings of 125 Cr.P.C which is not appellable order. If any illegality, impropriety or irregularity is found in such order, it may be scrutinized through exercise of revisional jurisdiction. By the impugned order the court below had allowed the application of applicant for maintenance. Such order is for securing the ends of justice to the applicant and there is nothing in it that may be treated as abuse of process of court.;


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