Court No. - 70
Case :- CRIMINAL REVISION No. - 2573 of 2014 Revisionist :- Smt. Gita Sharma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ranjit Saxena Counsel for Opposite Party :- Govt.Advocate,Vaibhav Kaushik
Hon'ble Sanjay Kumar Singh,J.
1. Heard Sri Ranjit Saxena, learned counsel for the revisionists, learned A.G.A. for the opposite party no.1 and Sri Vaibhav Kaushik, learned counsel for the opposite party no.2.
2. Smt. Gita Sharma (revisionist no.1/wife) and Major Puneet Sharma (opposite party no.2/husband) are present in person before this Court.
3. This revision under Section 397/401 Cr.P.C. has been preferred by the revisionists against the impugned order dated 12.08.2014 passed by Principal Judge, Family Court, Noida Gautam Budh Nagar in Criminal Case No. 125 of 2014 (Smt. Gita Sharma and others Vs. Puneet Sharma) pending in the Court of Principal Judge, Family Court, Noida, Gautam Budh nagar, whereby the opposite party no.2 has been directed to pay an interim maintenance of Rs. 10,000/- per month each to his minor son (respondent no.2) and daughter (respondent no.3) during pendency of aforesaid case before the Family Court.
4. The present revision has been preferred before this Court for enhancement of said amount with a prayer to grant interim maintenance of Rs. 40,000/- per month to the revisionist nos. 1, 2 and 3 during pendency of the proceedings under Section 125 Cr.P.C.
5. After hearing the learned counsel for the parties as well as revisionist no.1 and opposite party no.2 in person at great length, both the parties are agree on the following terms and conditions:-
(i) Opposite party no.2 shall pay an amount of Rs. 10,000/- per month as interim maintenance to the revisionist no.1 also, in addition to the interim maintenance granted by the Principal Judge, Family Court Noida, Gautam Budh Nagar under the order dated 12.08.2014 till the final decision of Criminal Case No. 125 of 2014.
(ii) Parties concerned shall make all sincere endeavour to get the main proceedings under Section 125 Cr.P.C. concluded/decided as expeditiously as possible.
(iii) Since opposite party no.2 (Major Puneet Sharma) is presently posted as Lieutenant Colonel at Barmer boarder, Rajsthan, therefore a request has been made that his personal presence may not be insisted before the Principal Judge, Family Court in the proceedings of Criminal Case No. 125 of 2014. Revisionist no. 1 as well as her counsel submitted before this Court that on exemption of personal appearance of opposite party no.2 (Major Puneet Sharma), revisionists have no objection. Parties concerned are also agree that in case of their non-appearnace they shall appear before the concerned court below on the dates through their counsel.
(iv) The parties concerned also given undertaking before this Court that they shall not take any adjournment on any dates before Family Court in the Criminal Case No. 125 of 2014, under Section 125 Cr.P.C., so that the case may be finally concluded to its logical end.
(v) The opposite party no.2 also undertakes before this Court that the amount of interim maintenance as per order dated 12.08.2014 of the Family Court as well as amount of interim maintenance of Rs. 10,000/- as enhanced/granted by this Court to the revisionist no.1 shall be paid by him on the due date without any fail.
6. On account of the aforesaid undertaking given by the parties concerned on mutual agreement between them as mentioned above, this Court is not deciding the issue on merit and the case is being disposed of with the consent of the parties concerned at this stage itself in terms of undertaking given by the parties concerned before this Court as indicated above.
7. Pursuant to earlier order dated 01.11.2018, revisionist no. 1 Smt. Gita Sharma was present in person before this Court on 10.01.2019 while opposite party no.2 Major Puneet Sharma was not present in person before this Court, therefore by order dated 10.01.2019 both the parties were directed to appear in person before this Court for today and the opposite party no.2 (Major Puneet Sharma) was directed to pay an amount of Rs. 20,000/- to the revisionist no.1 Smt. Gita Sharma by demand draft towards her travelling expenses etc. on two occasions from Noida to Allahabad for her personal appearance before this Court.
8. In compliance of order dated 10.01.2019 of this Court, a draft no. 002594 dated 18.02.2019 of Rs. 20,000/- of H. D. F. C.
Bank has been produced by the opposite party no.2 and the same has been handed over to the revisionist no. 1 before this Court, which has been happily accepted by the revisionist no. 1 without any objection.
9. Since proceeding under Section 125 Cr.P.C. is still pending before the Family Court, therefore, considering the aforesaid facts and circumstances as well as undertaking given by the revisionist no.1 and opposite party no.2 before this Court, this revision is being disposed of with the following directions:-
(i) Opposite party no.2 shall pay an amount of Rs. 10,000/- per month as interim maintenance to the revisionist no.1 in addition to the interim maintenance granted by the Principal Judge, Family Court Noida, Gautam Budh Nagar in the order dated 12.08.2014 till the final decision of Criminal Case No. 125 of 2014.
(ii) The opposite party no.2 shall pay the amount of interim maintenance as per order dated 12.08.2014 of the Family Court as well as enhanced amount of Rs. 10,000/- on the due date without any default.
(iii) Parties concerned shall make all sincere effort to get the main proceedings under Section 125 Cr.P.C. concluded/decided as expeditiously as possible.
(iv) The parties concerned shall not take any adjournment on any dates before Family Court in the Criminal Case No. 125 of 2014, under Section 125 Cr.P.C.
(v) The Principal Judge Family Court, Noida Gautam Budh Nagar is directed to conclude and decide the Miscellaneous Case No. 125 of 2014 (Smt. Gita Sharma and others Vs. Puneet Sharma) positively within six months from the date of production of certified copy of this order.
(vi) It is made clear that the Principal Judge Family Court, Noida, Gautam Budh Nagar shall not grant any adjournment to the parties concerned on the dates. In case of non-appearance of the parties concerned in person on the dates before the Court below, their physical presence shall not be insisted unless there is any legal impediment. Parties shall appear on the dates through their counsel.
Order Date :- 27.2.2019 AKT