Court No. - 65
Case :- CRIMINAL REVISION No. - 2057 of 2019 Revisionist :- Arvind Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Anil Kumar Counsel for Opposite Party :- G.A.,Hardev Prajapati
Hon'ble Karuna Nand Bajpayee,J.
This revision has been moved on behalf of the revisionist for setting aside the impugned order dated 28.02.2019 passed by Principal Judge, Family Court, Kasganj in Case No.154 of 2017 (Smt. Poonam vs. Arvind), u/s 125 Cr.P.C., P.S.- Sahawar, District- Kasganj, whereby application moved on behalf of opposite party no.2 u/s 125 Cr.P.C. has been allowed and the revisionist has been directed to pay Rs.5,000/- to the wife per month from the date of application as maintenance.
Heard revisionist's counsel as well as counsel appearing for opposite party no.2. Both the counsels have requested the Court to decide this matter at this stage itself and have shown fair reasonableness while presenting facts of the case.
The counsel appearing for the revisionist states that the maintenance amount which has been fixed from the date of application is likely to cause great hardship to the revisionist as he is having no great resources at his disposal and is a lowly paid person leading an impoverished life. Learned counsel appearing for the complainant side also has not seriously disputed the likelihood of such hardship. In the facts and circumstances of the case, specially keeping in view the resources of the revisionist during the course of statement that have been made by both the sides they have jointly agreed that Rs.4,000/- per month to be given by the revisionist to the wife and Rs.20,000/- also to be deposited in lump-sum which are such kind of settlement that will be acceptable to both the sides.
In such a situation, in view of the agreement that have been expressed by the counsel appearing by the parties this Court does not propose to enter into the details of the merits of case and deems it proper to dispose of this revision with the observation that the impugned order stands amended to the extent that now the revisionist will be liable to pay Rs.4,000/- per month as the amount of maintenance to his wife without fail regularly. Apart from this revisionist shall also deposit Rs.20,000/- in the Court to be handed over to the wife within one month from today as lump-sum settlement amount.
The impugned order stands disposed of accordingly in the aforesaid terms.
Order Date :- 30.5.2019 shiv