SIRAJUDDIN Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) This revision has been preferred against the order dated 05.03.2016 passed by the learned Principal Judge, Family Court, Jhansi in Case No. 217 of 2011 ( Smt. Shamim Ara @ Sano Begum Vs. Sirajuddin) under Section 125 Cr.P.C., PS Navabad, District Jhansi.

(2.) The counsel for the revisionist has argued that the revisionist has retired from the post of peon. The learned lower Court has wrongly drawn an inference that the opposite party No. 2 has no source of income. He also submits that the learned Court below has not taken into consideration that the revisionist who is pensioner and is only getting Rs.20,000/ - per month. He is aged about more than 60 years. In this view of the matter, the order passed by the learned Court below is liable to be set aside.

(3.) The counsel for the revisionist has further placed reliance upon the report of Tehilsidar, which is Annexure - 3. In the said report it is mentioned that there are 7 -8 rooms in the premises and the rent is Rs.10,000/ - to Rs.12,000/ - per month. The counsel for revisionist submits that as per the report of Tehsildar (Annexure -3), since there was a rental income of Rs.10,000/ - to Rs.12,000/ - per month in year 2014, which now must have increased, hence the opposite party No. 2 is not entitled to any maintenance and the order under revision is liable to be set aside.