Court No. - 72
Case :- CRIMINAL REVISION No. - 3219 of 2019 Revisionist :- Akhtar Ahmad Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Dharm Jeet Singh,Hari Bans Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Sri Sudhir Kumar Shukla, Advocate files vakalatnama on behalf of O.P. No. 2 is taken on record.
Heard Sri Shashi Kant Rai, learned counsel for the applicant and Sri Sudhir Kumar Shukla, learned counsel for the O.P. No.2 as well as learned AGA for the State.
The present revision under Section 397/ 401Cr. P.C. has been filed challenging the order appellate order dated 21.5.2019 whereby the Criminal Appeal No. 13 of 2019 was dismissed affirming the order dated 13.8.2012 passed by the Judicial Magistrate IInd Ballia partly allowed the application under Section 12 of the Protection of Women from Domestic Violance Act and the directed the husband-revisionist to a lump-sum amount of compensation within two months from the order of the order.
Contention of learned counsel for the applicant is that the revisionist is working at the mobile shop and getting his salary of Rs. 3500/- per month and the lump-sum amount of Rs. 50,000/- was directed to be paid is too excessive.
On the other hand, learned counsel for O.P. No.2 submits that the income has been concealed by the revisionist although his earning more than Rs. 15000/- per month.
I have considered the revial submission as raised by learned counsel for the parties and perused the record.
The specific finding has been recorded by both the courts below that the wife O.P. No.2 is subjected to the domestic voilance and therefore, she is entitled for compensation. The lump sum amount of compensation awarded to the extent of Rs. 50,000/- is not too excessive. The revisionist has to arrange the said amount and pay to his wife as per the impugned order.
I do not find any illegality or infirmity in the order impugned. The revision lacks merit and is accordingly dismissed.
After the order was passed, learned counsel for the revisionist submits that at present the revisionist is not able to pay the lump-sum amount of Rs. 50,000/- compensation to that extent and therefore, the same easy instalment be made.
Learned counsel for the O.P. No. 2 have no objection in case the easy instalment be made.
Accordingly, direction is issued to the revisionist to pay a lump- sum amount of Rs. 50,000/- in four instalments. The first instalment of Rs. 12,500/- shall be paid to his wife on or before 23rd September, 2019 and second, third and fourth instalments shall be paid on or before 23.10.2019, 23.11.2019 and 23.12.2019 respectively.
Order Date :- 22.8.2019 Akbar