1.00. Criminal Revision Application No.223 of 2011 has been preferred by the petitioner herein – original opponent – husband challenging the impugned Judgement and Order passed by the learned Principal Judge, Family Court, Rajkot in Criminal Misc.Application No. 65 of 2008 dtd.5/1/2011 by which the learned Family Court has directed the petitioner herein – husband to pay Rs.3,000/- per month to the respondent herein – wife towards her maintenance under section 125 of the Code of Criminal Procedure w.e.f. 3/6/2003.
1.01. Criminal Revision Application No. 224 of 2011 has been preferred by the very petitioner - original opponent - husband to quash and set aside the impugned order passed by the learned Principal Judge, Family Court, Rajkot in Criminal Misc.Application No.52 of 2011, under section 125(3) of the Code of Criminal Procedure dtd.18/4/2011, by which the learned Judge has directed the petitioner herein – husband to undergo sentence for a period of 770 days for non-payment of maintenance as per the order passed in maintenance application under section 125 of the Code of Criminal Procedure.
2.00. Mr.Mehul Vakharia, learned advocate appearing on behalf of the petitioner herein – husband under the instructions from the petitioner who is personally present in the Court does not preses the Criminal Revision Application No.223 of 2011. However, has requested to grant time to the petitioner - husband upto 31/1/2013 to clear the arrears which the petitioner is required to pay pursuant to the impugned Judgement and Order passed in Criminal Misc.Application No.65 of 2008. He has also stated at the bar under the instructions from his client that 25% of the balance arrears of maintenance shall be deposited with the learned Family Court by the husband on or before 5/11/2012 and remaining balance arrears of maintenance shall be cleared in two equal monthly installments on or before 31/1/2013 and thus the entire arrears shall be cleared on or before 31/1/2013. Submitting accordingly, it is requested to quash and set aside the order passed by the learned Family Court, Rajkot passed in Criminal Misc.Application No.52 of 2011 whereby the learned Judge has directing the petitioner to undergo Simple Imprisonment for a period of 770 days, for non-payment of maintenance pursuant to the order passed which is subject matter of Criminal Revision Application No.223 of 2008 by which the learned Family Court has awarded maintenance at the rate of Rs.3000/- per month under section 125 of the Code of Criminal Procedure. Mr.Vakharia, learned advocate appearing on behalf of the petitioner - husband has also stated at the bar that he has explained the petitioner herein – husband and made him understand that if the balance arrears of maintenance is not cleared as stated hereinabove, order passed by the learned Principal Judge, Family Court, Rajkot in Criminal Misc.Application No.52 of 2011, under section 125(3) of the Code of Criminal Procedure dtd.18/4/2011, directing the petitioner to undergo Simple Imprisonment for a period of 770 days, which is subject matter of Criminal Revision Application No.224 of 2011 shall be revived / restored automatically.
3.00. Mr.Sheth, learned advocate appearing on behalf of the respondent No.1 - original applicant – wife has no objection if the request of the petitioner herein – husband, recorded hereinabove is considered and accepted.
4.00. In view of the above, Criminal Revision Application No.223 of 2011 is dismissed as not pressed. Rule is discharged. It will be open for the respondent – wife to withdraw an amount of Rs5,000/- which the petitioner - husband has deposited with the registry of this Court pursuant to the earlier order passed by this Court dtd.15/7/2011, if not withdrawn so far and the registry is directed to pay the said amount of Rs.5,000/- to the respondent – wife, by Account Payee Cheque, if not paid so far. Considering the request made by Mr.Vakharia, learned advocate appearing on behalf of the petitioner - husband, recorded hereinabove, Criminal Revision Application No.224 of 2011 is disposed of by keeping the order passed by the learned Principal Judge, Family Court, Rajkot in Criminal Misc.Application No.52 of 2011, passed under section 125(3) of the Code of Criminal Procedure dtd.18/4/2011, in abeyance and the petitioner - husband is directed to deposit 25% of the balance arrears of maintenance on or before 5/11/2012 and remaining balance arrears of maintenance shall be cleared by the petitioner - husband in two equal monthly installments on or before 31/1/2013 and thus entire arrears shall be cleared on or before 31/1/2013. If the entire amount of arrears of maintenance is cleared on or before 31/1/2013 as stated hereinabove, impugned order passed by the learned Principal Judge, Family Court, Rajkot in Criminal Misc.Application No.52 of 2011 dtd.18/4/2011 is not to be acted upon and it is treated as have been quashed and set aside. If the arrears of maintenance is not cleared by the petitioner herein - husband within the time stated hereinabove, order passed by the learned Family Court, Rajkot in Criminal Misc.Application No. 52 of 2011, under section 125(3) of the Code of Criminal Procedure stands and shall be acted upon. Criminal Revision Application No. 224 of 2011 is disposed of accordingly.
rafik [M.R. SHAH, J.]