Ramesh Kumar Gupta vs State & Ors.

R.K. Singh, J.—Mr. A.C. Nigam has sent illness slip today. The ordersheet speaks that Mr Nigam got the revision petition adjourned on several dates. Firstly on 22295 ii was passed over on the request of Sri AC. Nigam. Secondly on 6395 Sri A.C. Nigam was granted time. Again on 91195 on the request of Sri A.C. Nigam, again on 28494 Mr. Nigam got the revision passed over on the request and lastly on 20897 Mr. Nigam got the case adjourned on his request.

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 12393 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 financial capacity of the husbandrevisionist and the inability of the opposite party to maintain herself.

In view of the sound financial position of the revisionist whose monthly income 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 12493 and 51193 stand discharged.

The office is directed to intimate the Family Judge, Kanpur Nagar to ensure the regular payment of maintenance every month and to ensure the payment of arrears within two months. Revision dismissed.