Court No. - 45
Case :- CRIMINAL REVISION No. - 2472 of 2019 Revisionist :- Purushottam Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the revisionist and learned A.G.A.
The instant revision is directed against the judgment and order dated 18.05.2019 passed by learned Principal Judge Family Court Budaun, in Criminal Misc. Case No. 1195 of 2017 (Smt. Reena Versus Purushottam, under section 125 Cr.P.C., Police Station Alapur, District Budaun, whereby, the court below has awarded maintenance at Rs. 5000/- per month to the wife, opposite party no. 2 from the date of application i.e. 15 December 2017.
Learned counsel for the revisionist submits that the revisionist is a labour and has expenses, therefore, submits that the claim awarded to the opposite party no. 2 (wife) be reduced.
On specific query, it is admitted by learned counsel for the revisionist that the finding returned by the court below that the revisionist has landed property and even though being a labour and able bodied person is able to earn sufficiently to provide maintenance awarded to the opposite party no. 2. The application under Section 125 Cr.P.C. was filed on 15 December 2017 and the maintenance has been rendered from the date of application.
Learned counsel for the revisionist submits that the revisionist undertakes to pay the award of maintenance on month to month basis as directed by the court below, however, in respect of arrears, the revisionist be permitted to pay the sum in three quarterly instalments.
The revision is, accordingly, disposed of, on consent, by passing the following orders:
i) the revisionist to comply the order dated 18 May 2019 passed by the court below by depositing the awarded maintenance (Rs.5000/-) on month to month basis as directed commencing 10 July 2019 along with arrears for the months of May and June, 2019;
ii) the arrears with effect from 15 December 2017 till 30 April 2019 to be computed and deposited in equal quarterly installments by 10th of each quarter commencing 1 September 2019, thereafter, in December 2019, March, 2020.
iii) the monthly maintenance and arrears directed herein above shall be deposited before the court below which shall be released in favour of the opposite party no. 2;
iv) in the event of default, it will be open to the court below to adopt coercive means to recover the sum due in accordance with law.
Order Date :- 25.6.2019 K.K. Maurya