Court No. - 45 Case :- CRIMINAL REVISION No. - 2244 of 2010 Petitioner :- Kaustubh Jyoti @ Pappu Kharwar Respondent :- State Of U.P. & Another Petitioner Counsel :- Sujeet Kumar Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State and Sri
A.P.Tiwari, learned counsel, who has put in appearance on behalf of opposite
party no.2 by filing his parcha today in the court is taken on record.
The present criminal revision has been filed against the Judgement and order
dated 25.02.2010 passed by learned Additional Chief Family Judge,
Allahabad in Case No. 281 of 2004 (Sudha Devi Vs. Kaustubh Jyoti) under
Section 125 Cr.P.C., whereby the learned court below has awarded
maintenance of Rs. 3000/- per month to the opposite party no.2.
It is contended by learned counsel for the revisionist that the learned
Additional District Judge, Court No.2, District Jaunpur vide its order dated
29.11.2008 has declared the marriage of the revisionist with the opposite party
no.2 void on the ground that opposite party no.2 had living spouse on the date
of her marriage with the revisionist, therefore, she is not entitled for any
maintenance under Section 125 Cr.P.C.
Sri Tiwari has stated that against the aforesaid order of learned Additional
District Judge, Court No.2, Jaunpur, first appeal from order is pending before
another Bench of this Court, in which notices has been issued.
Sri Tiwari prays for and is granted two weeks time for filing counter affidavit.
Learned A.G.A. may also file counter affidavit within the same period.
As prayed by learned counsel for the applicant, one week thereafter is granted
for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court.
Till the next date of effect and operation of the Judgement and order dated
25.02.2010 passed by learned Additional Chief Family Judge, Allahabad in
Case No. 281 of 2004 (Sudha Devi Vs. Kaustubh Jyoti) under Section 125
Cr.P.C. shall be kept in abeyance.
Order Date :- 11.8.2010
S.Ali