SHAHJAHAN Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-2018-8-211
HIGH COURT OF ALLAHABAD
Decided on August 03,2018

SHAHJAHAN Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

OM PRAKASH,J. - (1.) This revision is directed against the judgment and order dated 23.4.2010 passed by the Principle Judge, Family Court, Jhansi in petition no.335 of 2008 (Smt. Shahjahan and others v. Gaffar Khan) under section 125 Cr.P.C., 1973 P.S. Mahila Thana Navabad, Jhansi.
(2.) Heard Sri. Sanjay Agrawal, learned counsel for the revisionist and Sri. Vinay Kumar Singh, learned counsel for the opposite party no. 2 as well as learned A.G.A. for the State.
(3.) Submission of the learned counsel for the revisionist is that the revisionist is the legally wedded wife of opposite party no.2. It was a second marriage. Opposite party no.2 is neglecting in maintenance of her wife and is not paying any amount in further maintenance. She was ousted by the opposite party no.2 from her in-laws' house. Findings recorded by the court below denying the maintenance to the revisionist is illegal, perverse and against the law and facts. In support of his contention, reliance was placed by the learned counsel for the revisionist on the following case laws : 1. Mustafa Shamsuddin Shaikh v. Shamshad Begum Mustafa Shaikh, 1990 (2) Bom CR 697 . 2. Munesh Kumari v. Shri Sheo Raj Singh and Anr., 2003 (1) ALT Cri 2 . 3. Dr. Ajay Chaturvedi v. State of U.P. and Others (order dated 22.5.2013 passed in criminal revision no.1722 of 2010. );


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