Court No. - 54
Case :- APPLICATION U/S 482 No. - 21169 of 2019 Applicant :- Mohd. Umar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Satyawati,Bhupendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
The instant application has been filed assailing the order dated 28.3.2019 passed by the learned Additional Principal Judge, Family Court No.3, Aligarh in Case No.29 of 2016 (Smt. Amina and another Vs. Mohd. Umar), P.S. Jawan, District Aligarh whereby recovery warrant of Rs.2,31000/- issued against him under Section 128 Cr.P.C.
It is submitted by the learned counsel for the applicant that admittedly the applicant is the husband of the opposite party no.2 and opposite party no.3 is their minor child. The applicant is a poor person, who is not able to deposit the entire amount of allumni pursuant to the recovery warrant issued by the court below. Somehow he has managed to deposit Rs.15000/- out of Rs.246000/-, hence some indulgence may be granted.
Learned A.G.A. has opposed the prayer contending that the maintenance allowance was awarded long back in favour of the opposite party no.2. The applicant is avoiding to pay the same and the entire money has been accumulated from 18.6.2012 of about 82 months.
Having considered the submissions of the learned counsel for the parties and having gone through the record, without expressing any opinion on the merits of the case, the applicant is directed to deposit amount of recovery warrant of Rs.2,31000/- in six equal installments within six months from the date of this order which shall be paid to his wife and child i.e. opposite party nos.2 & 3 on month to month basis.
In case of any default in payment of recovery amount, it is open to the court below 2 to initiate coercive measures against the applicant in accordance with law.
With the above observation, the application is finally disposed of.
Order Date :- 29.5.2019/M. Tariq