Court No. - 49
Case :- CRIMINAL REVISION No. - 1654 of 2021 Revisionist :- Ashish Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Sarwar Ali Siddique Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri Sarwar Ali Siddique, learned counsel for the revision- petitioner after arguing at length submits that his client will be satisfied if this Court grants him sometime to pay arrears of maintenance and secondly clarify the order further to the extent that this amount of maintenance to the tune of Rs. 10,000/- in favor of his wife and Rs. 5,000/- in favour of minor child will not be in addition to the amount awarded under the provisions of Domestic Violence Act, but amounts awarded under the said Act shall be adjusted from the impugned ordered to be paid vide impugned order dated 26.3.2021 passed by Additional Principal Judge, Family Court, Gautam Budh Nagar.
2. In view of such submissions, it is clarified that any amount awarded by the learned Magistrate under the Domestic Violence Act shall be adjustable from the amount ordered to be paid by the learned Principal Judge, Family Court, Gautam Budh Nagar.
3. As far as arrears are concerned, it is directed that subject to condition that petitioner shall not make any default in payment of monthly maintenance as awarded by the Principal Judge, Family Court, Gautam Budh Nagar, arrears of maintenance since February, 2021 shall be divided in three equal installments payable on 1.9.2021, 1.11.2021 and 31.12.2021.
4. In above terms, revision is disposed of. However, it is made clear that any default of payment in any of the installments on or before the dates given above, will make petitioner liable as it will open for the opposite party to initiate proceedings for execution of the order passed by the court below.
Order Date :- 29.7.2021 S.K.S.