Court No. - 77
Case :- CRIMINAL REVISION No. - 3434 of 2021 Revisionist :- Dushyant Kumar Opposite Party :- State Of U.P. And 4 Others Counsel for Revisionist :- A.K.Umrao Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
The present Criminal Revision has been filed against the judgment and order dated 21.10.2021 passed by learned Additional Sessions Judge, Court No. 13, Aligarh in Criminal Appeal No. 92 of 2020 (Dushyant Kumar Vs. State of U.P. & others) under section 29 of the Protection of Women from Domestic Violence Act, 2005 & judgement and order dated 3.11.2020 passed by learned Additional C.J.M. Court No. 7, Aligarh in Case No. 87 of 2021 (Smt. Mithlesh & others Vs. Dushyant Kumar & others), under sections 18,19,20,21,22 of the Protection of Women from Domestic Violence Act, 2005 at P.S. Banna Devi, District Aligarh whereby learned A.C.J.M. Court No. 7 Aligarh has allowed the suit/application of the O.P. No. 2 to 5 and directed to the revisionist to pay rs. 3,000/ per month to O.P. No. 2 and Rs. 2000+Rs. 2000+Rs. 2000 per month to O.P. Nos. 3, 4 and 5 as maintenance allowed from the date of order and also to pay Rs. 50,000/- to O.P. No. 2 as medical treatment etc., return Stridhan as a dowry to the O.P. No. 2 by which the appeal of the revisionist has been dismissed.
Learned A.G.A. for the State has opposed the prayer and states that the revisionist has neither paid any arrears of maintenance nor paying monthly maintenance allowance to O.P. Nos. 2,3,4, and 5 as has been ordered by the learned A.C.J.M. Court No. 7, Aligarh.
But learned counsel for the revisionist states that revisionist is now ready to pay half of the arrears of maintenance in installments as awarded by the learned A.C.J.M. Court No. 7, Aligarh and he also agrees to pay monthly maintenance allowance to O.P. Nos. 2,3,4 and 5.
Considering the same, revisionist is directed to deposit half of the maintenance Rs. 88.000/- from the date of order in two equal installments and shall regularly pay monthly maintenance to O.P. No. 2,3,4 and 5 Rs. 9,000/- per month.
The first installment should be paid by 16th of January, 2022 and second installment by 16th of February, 2022.
If the revisionist pays as directed above, no coercive action shall be taken against him in pursuance of the order dated 3.11.2020 passed by learned A.C.J.M. Court No. 7, Aligarh.
In case, the revisionist fails to deposit the aforesaid amount within time, the court below will be at liberty to proceed against the revisionist in pursuance of order dated 3.11.2020 passed by learned A.C.J.M. Court No.
7, Aligarh against revisionist.
It is made clear that the revisionist shall continue to pay Rs. 9,000/-, per month to O.P. Nos. 2,3,4 and 5 as has been directed by the order dated 3.11.2020 passed by learned A.C.J.M. Court No. 7, Aligarh.
With the above observation, this revision is disposed of.
Let a copy of this order be sent to the court concerned for compliance.
Order Date :- 16.12.2021 RPD