Heard learned counsel for the revisionist and learned A.G.A. for the State.
The present criminal revision has been filed against the Judgement and order dated 03.03.23010 passed by Judge, Family Court, Bareilly in Case No. 153 of 2006 (Smt. Chandra B. Vs. Munne, under Section 125 Cr.P.C., Police Station Qila, District Bareilly.
It is contended by learned counsel for the revisionist that Rs. 800/- per month has been awarded as a maintenance to the opposite party no.2 and Rs. 500/- per month has been awarded to the minor child from the date of birth of a minor child. It is next contended that the order of maintenance should have been passed from the date of order.
Issue notice to the sole opposite party returnable within a period of four weeks. Steps be taken within a week.
Opposite party may also file counter affidavit within the same period. As prayed by learned counsel for the revisionist, two weeks' thereafter, is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court.
It is provided that in case, the revisionist deposits entire arrears of maintenance amount from the date of order dated 03.03.2010, within a period of one month from today and continues to deposit the monthly maintenance amount by 7th of each calender month, the recovery of remaining arrears of maintenance amount shall be kept in abeyance, till the next date of listing.
The amount so deposited by the revisionist before the Court below shall be paid over to the opposite party after due verification.
In case, of default in payment as aforestated, then this interim order shall automatically stands vacated.
Order Date :- 14.6.2010 S.Ali