Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 14861 of 2010 Petitioner :- Imtiyaz Ahmad Respondent :- State Of U.P. & Another Petitioner Counsel :- R.N. Singh Yadav,V.P. Shukla Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Learned counsel for the petitioner is permitted to amend the array of the
parties impleading Munna (Minor) as respondent no. 3.
Heard learned counsel for the petitioner and learned AGA.
This petition has been filed against the order dated 8.7.2010 passed by
Additional District and sessions judge, Ghazipur in revision no. 150 of 2007
and order dated 14.3.2007 passed by Judicial Magistrate, Ghazipur in
Criminal Case No. 1543 of 2006, under Section 125 Cr.P.C.
The application under section 125 Cr.P.C. was filed on behalf of respondent
nos. 2 and 3 claiming maintenance which was rejected in respect of
respondent no. 2 on the ground that she had remarried. However, child
( respondent no. 3 ) was granted maintenance allowance at the rate of Rs.
1000/- per month. The revision filed by the petitioner was dismissed.
Learned counsel for the petitioner submits that the petitioner does not have
sufficient income to pay Rs. 1000/- per month to respondent no. 3. The
petitioner is already maintaining two children, namely Rani And Ayub. It was
further submitted that petitioner is earning only Rs. 40/- per day by labour.
Learned counsel for the petitioner further submits that a case under the
Provisions of Guardians and Wards Act was filed by the petitioner for
custody of child which was rejected by the court.
At present respondent no. 3 is aged about 10 years and a sum of Rs. 1000/-
granted as maintenance allowance to him cannot be said to be excessive or
unjustified.
I don’t find any good ground to interfere with the matter. The writ petition is
devoid of merit and is accordingly dismissed.
Order Date :- 13.8.2010
Gss