Court No. - 72
Case :- CRIMINAL REVISION No. - 783 of 2019 Revisionist :- Babu Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Saima Saher Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
This revision petition is directed against the order dated 17.07.2017 passed in criminal appeal no. 102 of 2017 rejecting the recall application in respect of final order passed on 4.7.2014 under the Domestic Violence Act, 2005.
The argument advanced is that the court below has not correctly appreciated the reasons for non appearance and has rejected the application for recall of the order in perfunctory manner.
Be that as it may, the wife is entitled for damages and the maintenance under the Act, which has been enacted for the protection of women from domestic violence and equity demands that in such matter some deposit should be directed to be made by the present applicant to show his bona fide.
At this stage, learned counsel for the applicant submits that the applicant may be given some time so that applicant is able to deposit the amount as may be directed by this Court. Accordingly it is directed that the applicant shall deposit Rs. 1,00,000/- to show his bona fide in the matter.
Let the matter be listed on 27th March, 2019 for further orders and in the meanwhile, the applicant shall deposit Rs. 1,00,000/- in total for the moment, by 20th March, 2019 pursuant to the order dated 4th July, 2014 and shall file affidavit of compliance by the next date fixed.
It is made clear that in the event of default on the part of the applicant in complying the order of this Court passed today, the revision petition shall stand dismissed automatically without reference to the Court.
Order Date :- 27.2.2019 Sanjeev