CRIMINAL REVISION PETITION FORMAT (HIGH COURT)

(CRIMINAL REVISION PETITION FORMAT – DELHI HIGH COURT )

BEFORE THE HON’BLE HIGHCOURT OF DELHI, NEW DELHI

CRL. REVISION NO. ______________

IN THE MATTER OF:

MR.  A                                                            ……..Revisionist

Versus

MS. B                                                            ……..Respondent

REVISION PETITION UNDER SECTION 438 R/w SECTION 442  OF BHARTIYA NAGARIK SURAKSHA SANHITA, 2023  R/W 19(4) OF FAMILY COURTS ACT, 1984  PARYING TO QUASH  AND SET ASIDE ORDER DATED XXXX OF  LD. PRINCIPAL JUDGE, FAMILY COURTS, CENTRAL DISTRICT, DELHI NORTH –EAST DISTRICT,  DELHI

AND/OR

TO ISSUE OTHER APPROPRIATE ORDER/DIRECTIONS IN INTEREST OF JUSTICE

TO

THE HON’BLE CHIEF JUSTICE
AND HER COMPANION  HON’BLE JUDGES
OF HIGH COURT OF  DELHI

MOST HUMBLY SHOWETH:

(1) The Revisionist is  filing the instant   Revision Petition before this Hon’ble Court  praying to quash order dated xxxx in case bearing no. xxxxx  of Ld. Principal Judge, Family Courts, North –East District,  Delhi whereby the Ld. Principal Judge
 awarded interim maintenance of Rs. 10,000/- per month since filing of the Application.   The  certified copy of  order dated xxxx is attached herewith and marked as  Annexure P-1.

BRIEF FACTS

(2) Brief facts leading to the instant  Petition before the Hon’ble Court are as under:

(i) That Revisionist and Respondent got married to each other on xxxxxxx according to Hindu rites and ceremonies. Respondent was not happy with the marriage as was evident from her attitude towards the Revisionist from the very inception of marriage.

(ii) That the Revisionist is a physically disabled with 60% permanent disability and thereby inherently disadvantaged to earn. Copy of  disability certificate  dated 20.09.2012 of the Revisionist is attached herewith and marked as Annexure P- 2.

(iii) That being a physical disabled person, the  Revisionist is unable to perform certain tasks in his house. Due to the same, the Revisionist has been ridiculed and has been reminded of his handicap in the worst possible ways by his wife, Respondent herein.

(iv) That the respondent left the matrimonial home , being the Revisionist’s home, only after around two months of marriage initially for the reason that  Revisionist’s mother was ill. There after she has not returned to matrimonial home despite several efforts.

(v) That the respondent  filed  Petition bearing  no xxxx for grant of maintenance to the respondent. In  the said Petition,  the  Revisionist has filed Income Affidavit before the Principal Judge on 22.05.2015,  wherein the Revisionist has  stated that he is currently unemployed and has having no source of income. True copy of Income affidavit filed by  the Revisionist before Principal Judge, Family Courts, North –East District, Vishwas Nagar, Delhi is attached herewith and marked Annexure P-3.

(vi)  That on the same date the Ld. Principal Judge pronounced order on I.A. for interim maintenance, whereby the Ld. Principal Judge allowed the I.A and fixed interim maintenance of Rs. 10,000/ from date of filing of the application.

(vii) Aggrieved by the order dated  xxxxx of   Ld.  Principal Judge, Family Courts, North East District, Vishwas Nagar,  Delhi   Revisionist is filing this instant Petition before this Hon’ble Court.

GROUNDS

(3) That the  Revisionist is filing the instant petition before this Hon’ble  Court inter alia on following grounds:

A. Because the order dated xxxx  of Ld. Principal Judge , Family Courts, North East District, Delhi is contrary to facts as well as  law and therefore needs to be quashed and set aside.

B. Because  the Ld. Principal Judge failed to appreciate that the Revisionist is physically disabled person and no source of income. The Ld. Principal Judge erred grossly in imposing maintenance to the extent of  Rs. 10,000/-  per month on the Revisionist, who is a physically disabled person with 60% permanent disability. Being a physical disabled person with 60% permanent disability, the revisionist is a vulnerable person is inherently disadvantaged to earn sufficient income to pay maintenance to the Respondent.  On the other hand the Respondent is a fit person and capable of earning. Further  Ld. Principal Judge has failed to appreciate that that the Revisionist is class VI drop out and further is not employed currently.  He has not sufficient income to maintain the Respondent.

It is submitted that in the instant case the Revisionist not only does not sufficient income but also he is inherently disadvantaged to earn sufficient income because of physical disability with 60% permanent disability to maintain wife. In such a scenario to impose an onerous and impossible amount of  Rs. 10,000/- pm from date of application  is bad in law and needs to be quashed and set aside.

C. Because the Ld. Principal Judge has further erred in calculating the maintenance amount on the basis of minimum wage for unskilled worker in the instant case. Minimum wage for unskilled worker may be applied to a healthy and able bodied person but  cannot be applied to the Revisionist, who is physically disabled with 60% permanent disability  and  further unemployed.  As such further the impugned order deserves to be set aside.

D. Because the Ld. Judge further failed to appreciate that the Respondent has lived only for around 2 months after marriage  with the Revisionist. Thereafter she has herself left the matrimonial house on her own sweet will and deserted the Revisionist. In spite of the best efforts by the Revisionist, the Respondent did not come back to the matrimonial home and has deserted the Revisionist.

Respondent has on her own left the matrimonial home and deserted the husband and therefore in view of  Section 144 (4) the Respondent is not entitled to any maintenance. Further, the case of the Revisionist is that the Respondent was living in adultery and as such further is not entitled for maintenance.

4. That this Revision Petition is bona fide and filed in interest of justice.

5. It is submitted that all the material, statements, copies, and documents relied upon have been furnished and all the annexures/documents are the part of the trial court and no additional documents have been filed.

PRAYER

It is, therefore, most respectfully prayed that in view of the facts and circumstances of the case and in the interest of justice, this Hon’ble Court may be pleased to:

(i) Call for records of the case bearing no  xxxxx titled xxxxxx.

(ii) Quash and set aside the order dated xxxxxxx passed by Principal Judge, Family Courts, North East District, Delhi.

(iii) Pass any  order(s)/direction(s)  as this Hon’ble Court may deem fit and proper.

REVISIONIST

Through

ADVOCTATE

Place:

Date:

NOTE : Revision Petition has to be filed along with Memo of Parties, Synopsis & List of Dates and Affidavit.

___________________________________________