Court No. - 51
Case :- CRIMINAL REVISION No. - 531 of 2018 Revisionist :- Mohit Diwaker Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Sheel Kumar Ojha,Manju Shukla/Ojha Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Vide order dated 19.2.2018 another Bench of this Court while granting an interim indulgence has clearly observed herein as under:
"Subject to the applicant paying the arrears of maintenance from the date of the order till today, within a period of one month and his further continuing to pay the current maintenance amount i.e. from the month beginning March, 2018 as and when it falls due no coercive measures shall be adopted against the applicant till the next date of listing.
It is made clear in the event of default on part of the applicant to comply with any part of the order, the interim protection granted by this order shall stand vacated without further reference to the Court and all coercive measures may be adopted against the applicant from that stage."
Today when the case has been taken up, learned counsel for the revisionist has fairly informed the Court that he has not complied with the said order and the arrears of maintenance from the date of order till 19.2.2018 have not been paid, as was required to be paid vide order of this Court dated 19.2.2018.
In view of the aforesaid facts and circumstances and in view of the observation as has been made by the earlier Bench in the order dated 19.2.2018, no case for grant of further indulgence is made out.
I have also perused the impugned order which shows that the amount of maintenance is too meagre an amount and no interference is required to be made.
Even otherwise learned counsel for the revisionist has failed to point out any illegality or perversity with the findings as recorded in the order impugned.
It has come on record that the wife is unable to earn any money and she is also looking after her minor child aged about one year and six month and that she is fully dependant upon her parents.
In view of the aforesaid facts and circumstances, no case for grant of any indulgence is made out.
The revision is dismissed.
Interim order, if any, stands vacated.
Order Date :- 26.9.2019 Kuldeep