Notice has been accepted by learned Addl. Government Advocate on behalf of respondent no.1.
Heard learned counsel for the petitioner and Addl. Government Advocate and perused the record.
Through the instant revision the petitioner has challenged the order dated 18.1.2012 passed by the Judicial Magistrate, Sitapur, under Section 125 Cr.P.C. and also order passed by the revisional court dated 19.5.2012.
It has been contended by the learned counsel for the petitioner that the learned Magistrate while allowing the application under Section 125 Cr.P.C. granted Rs.2000/- and Rs.1000/- per month as maintenance of respondent no.2 and 3 respectively. Against the judgment and order passed by the Judicial Magistrate, both the parties preferred revisions. Vide the impugned order passed by the learned revisional court while disposing of the revision of the petitioner as well as of respondent nos.2 and 3, which was filed for enhancement of the maintenance amount arbitrarily, modified the order of the Magistrate by allowing the maintenance from the date of application, while in the initial order of the Magistrate, the maintenance to respondent nos.2 and 3 was granted from the date of judgment. Further submission is that though evidence adduced by the petitioner were also examined, which is evident from perusal of the judgment of the learned Magistrate, the revisional court has observed that no oral or documentary evidence was adduced on behalf of the petitioner.
In view of above, the matter requirs consideration.
Issue notice to respondent nos.2 and 3, returnable within three weeks.
List this case in the week commencing from 23.7.2012.
Record of the court below be requisitioned.
Till the next date of listing, the realisation of 50 per cent arrears of maintenance amount, which has been ordered by learned Sessions Judge in the revision from the date of application till the date of judgment will remain statyed, provided the petitioner deposits the remaining 50 per cent of the amount, so awarded, within a period of two weeks.
Order Date :- 8.6.2012 A.Nigam