Court No. - 49
Case :- APPLICATION U/S 482 No. - 10123 of 2018 Applicant :- Lavkush Chandra Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Present application has been filed to quash the order dated 9.3.2018, passed by Principal Judge, Family Court, District Sant Kabir Nagar, in Execution Case No.5.11.2017, under Section 125 Cr.P.C. (Smt. Renu Versus Lavkush).
Learned counsel for the applicant states that vide order dated 29.8.2016, which was passed ex-parte, maintenance allowance @Rs.4,000/- per month had been awarded to opposite party no.2 and her minor son.
Against the aforesaid order, the applicant had filed an application for recall of application u/s 126(2) Cr.P.C., dated 28.2.2018, which is said to be still pending. On the other hand, the applicants claim that at his instance, the decree for restitution of conjugal rights has been passed by the Principal Judge, Family Court, Sant Kabir Nagar, dated 22.11.2016, in Case No. 272 of 2015.
However, opposite party no.2 has neither complied with the aforesaid decree dated 22.11.2016, nor has she filed any appeal.
Learned counsel for the applicant further submits that applicant is ready and willing to live with the opposite party no.2.
Considering the above, the present application is disposed of with the following observation:
(i) If the applicant files an application under Section 126(2) Cr.P.C. to recall the order dated 29.8.2016 within a period of two weeks from today, the same shall be considered and decided by the court below as expeditiously as possible, necessarily within a period of two months from the date. Learned counsel for the applicant further undertakes that the applicant will not seek any long or undue adjournment and may fully cooperate in the proceeding.
(ii) The applicant shall deposit a sum of Rs. 20,000/- before the court below within one month from today that shall be released in favour of the opposite party no.2.
Subject to the aforesaid compliance being made by the applicant, no coercive measure shall be adopted against him in pursuance of the order dated 9.3.2018, during the pendency of the recall application or for a period of three months from today, whichever is earlier.
However, it is made clear that in the event of failure on part of the applicant to comply with any part of the order, coercive measures be revived from that stage without any further reference to this Court.
Order Date :- 28.3.2018 Shalini