Court No. - 64
Case :- APPLICATION U/S 482 No. - 36800 of 2018 Applicant :- Gurvinder Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
By way of the instant application, the applicant has prayed to quash the impugned recovery warrant dated 8.1.2018 and subsequent order dated 7.8.2018 passed by the Principal Judge, Family Court, Pilibhit in Misc. Case No. 155 of 2017 under section 125(3) Cr.P.C. P.S. Bisalpur district Pilibhit pending in the court of Principal Judge, Family Court, Pilibhit.
The applicant, in the instant case, as per protection given by this court initially was to deposit arrears of maintenance in favour of O.P. No. 2 from the date of the order of the court below within a period of two months before the court concerned. Thereafter, the applicant claims that he continued to pay the maintenance amount as per direction of the Court without any break, but in the month of January, 2018, the maintenance amount could not be paid and the order of this Court could not be complied with. The applicant immediately paid the two months. maintenance amount of Rs. 30,000/- but the maintenance amount, thereafter, could not be paid by him.
However, the development as stated above, was interpreted by the Court below as the violation of the order passed by this court. It has been further submitted that the order passed by this Court has been complied with and there was no intentional/deliberate act of violation and the delay of one month cannot be taken as non compliance of the order passed by this Court. Thus, the recovery warrant cannot be forced against the applicant. The applicant complied with the order passed by this Court and he shall remain comply with in future.
In view of the aforesaid, the recovery warrant issued against the applicant is set aside/quashed. In case, the approach the court below and moves an application, the court below shall decide the same by passing a speaking reasoned order in accordance with law.
Order Date :- 29.4.2019 N.A.