Court No. - 81
Case :- CRIMINAL REVISION No. - 1782 of 2021 Revisionist :- Arvind Mathur Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sudhir Kumar Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Sri Sudhir Kumar, learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the revisionist is that revisionist was directed to pay Rs. 3000/- per month to the opposite party no.2 (wife) as maintenance from the date of application dated 2.04.2018 vide order dated 4.03.2021 passed by the Additional Principal Judge, Family Court, Budaun in Criminal Misc. Case No.364 of 2018 (Smt. Suchitra Kumari Vs. Arvind Mathur), under Section 125 Cr.P.C., Police Station Wazirganj, District Budaun and confined his argument, up to the extent that if this Hon'ble Court may grant some period and fix some instalment to pay the arrears, the revisionist shall pay the entire amount from 2.04.2018 to August 2021.
As per the calculation made by learned counsel for the revisionist, the total amount of arrears from the date of application i.e. 2.4.2018 till August, 2021 is Rs.1,25,000/- and the revisionist is ready to pay the aforesaid amount in instalments.
Learned AGA submits that if this Hon'ble Court fixed the instalment for the total amount as per the calculation made by learned counsel for the revisionist, he has no objection.
In view of the above and considering the arguments made by parties and the facts and circumstances of the case, the present revision is dispose of with the direction that the total amount of arrears of Rs.1,25,000/- shall be paid by the revisionist in two instalments, the first instalment of Rs. 65,000 will be paid on 1.10.2021 and second instalment of Rs. 60,000 will be pay on 1.11.2021 to the opposite party no.2 (wife) Smt. Suchitra Kumari by way of bank drafts and further the revisionist shall also continue to pay the amount of maintenance regularly as per the order of the court below i.e. Rs.3,000/- per month from the month of September 2021 onwards.
It is clarified that in case the revisionist fails to comply with the aforesaid condition, this order shall be deemed to have been vacated automatically and the court below may proceed in the matter in accordance with law.
Order Date :- 13.8.2021 SFH