Heard Mr.Dagli, learned advocate for petitioner.
Order passed by learned trial Court under Section 125 of Code of Criminal Procedure and subsequent order passed by the Revisional Court are under challenge. Learned Revisional Court has partly allowed the revision application and partly modified the order passed by the Additional Chief Judicial Magistrate in application for maintenance. The learned Revisional Court has set aside the order requiring the petitioner to pay Rs.1,500/- as maintenance to the applicant wife but has maintained the order directing the petitioner to pay Rs.1,000/- per child i.e. Rs.2,000/- for two children. The petitioner has challenged the said order on the ground that the said two children are not staying with the applicant-wife but they are staying in some Bal Kendra where the expenses are borne by the Government and not by the wife and that therefore applicant wife is not entitled to receive any amount towards maintenance of two children. Having regard to the petitioner s submission the Court informed that only if the petitioner deposits the total amount which is in arrear, the Court may consider to entertain the application and appropriate order as regards the amount required to be paid by the petitioner for welfare/maintenance of children will be passed by this Court. In response, learned counsel for petitioner submitted that the petitioner would immediately pay Rs.50,000/- and for balance payment some time may be granted. It appears that the obligation to pay the amount starts from 2005 which will bring the arrear to the tune of about Rs.1,68,000/-. Learned counsel for petitioner has submitted that the petitioner has already paid/deposited about Rs.20,000/- before the learned trial Court.
Having regard to the submissions by learned counsel for petitioner, office is directed to issue Notice making it returnable on 1st February 2013 on condition that the petitioner will deposit, on or before 2nd January 2013 Rs.50,000/- with the Registry of this Court and shall deposit further sum of Rs.75,000/- on or before 31st January 2013.
In the meanwhile subject to aforesaid condition, the operation of impugned order will remain stayed by way of ad-interim relief.
(K.M.THAKER, J.) Jani Page 2 of 2