RAMESH KUMAR GUPTA Vs. STATE
LAWS(ALL)-1999-1-74
HIGH COURT OF ALLAHABAD
Decided on January 29,1999

RAMESH KUMAR GUPTA Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) R. K. Singh, J. Mr. A. C. Nigam has sent illness slip today. The order-sheet speaks that Mr Nigam got the revision petition adjourned on several dates. First ly on 22-2-95 ii was passed over on the request of Sri AC. Nigam. Secondly on 6-3-95 Sri A. C. Nigam was granted time. Again on 9-11-95 on the request of Sri A. C. Nigam, again on 28-4-94 Mr. Nigam got the revision passed over on the request and lastly on 20-8-97 Mr. Nigam got the case adjourned on his request.
(2.) IN this background the illness slip of Mr. Nigam is dishonoured and the revision petition is taken up for decision with the help of materials on record. The impugned order dated 12-3-93 passed by Principal Judge, Family Court, Kanpur Nagar in case No. 147/1992, (New No.) and 750/1990 (old No.) Smt. Anita Gupta v. Ramesh Kumar Gupta has been carefully perused. By the impugned order the learned Family Judge has allowed the maintenanee at the rate of Rs. 300/- per month under Section 125, Cr. PC. from the date of application. The impugned order is lengthy order covering seven pages. The learned Family Judge has discussed the evidence of both parties and has considered the finan cial capacity of the husband-revisionist and the inability of the opposite party to maintain herself.
(3.) IN view of the sound financial posi tion of the revisionist whose monthly in come has been found to be Rs. 5000/- per month, the monthly maintenance of Rs. 300/- is in no way on higher side. The impugned order is perfectly legal and justified. The revision petition does not disclose merit and the same is dismissed. The interim orders dated 12-4-93 and 5-11-93 stand discharged.;


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