Court No. - 85
Case :- CRIMINAL REVISION No. - 1570 of 2018 Revisionist :- Satyapal Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Vijaya Shankar Shukla Counsel for Opposite Party :- G.A.,Amit Mishra
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the revisionist learned counsel for the opposite party No. 2 and learned AGA for the State and perused the record.
This revision has been filed with a prayer to set aside the order dated 16,02,2018 passed by Family Court/ FTC No. 1, Bareilly in Misc. Case No. 958 of 2011 (Smt. Pushpa Devi and another Vs. Satyapal), Under section 125 Cr.P.C., Police Station Visharatganj, District Bareilly and admit and allow this criminal revision on the part of award from the date of application whereby also revisionist was directed to pay Rs. 3,000/- per month as interim maintenance allowance to the opposite party no. 2 and Rs. 1,000/- per month to her minor daughter Km. Neha.
It has been argued by learned counsel for the revisionist that the revisionist instead of paying Rs. 3,000/-, per month to O.P. No. 2 and Rs. 1,000/- per month to her minor daughter, this Court may reduce the amount of maintenance as the revisionist is a Safai karmi in Nagar Palika, Bisauli and earning Rs. 8,000/- per month. Learned counsel for the revisionist further states that due to some financial hardships, he cannot pay the amount of maintenance from the date of application as has been granted by the Family Court.
Learned counsel for the opposite party No. 2 opposed the prayer and states that that the revisionist has not paid any arrears of maintenance as has been ordered by the Family Court.
But taking into account the case, the impugned order is modified to the extent that the revisionist shall go on paying Rs. 4,000/-, per month regularly as maintenance to the O.P. No. 2 in place of Rs. 3,000/- and Rs. 2,000/- per month to her minor daughter Km. Neha (Total Rs. 6,000/-), as has been ordered by Family Court and so far as the total arrears of Rs. 1,76,000/- is concerned, the same shall be paid to opposite party no. 2 in five equal installments.
The first installment should be paid by 1st September, 2021, second installment by 1st December 2021,third installment by 1st March 2022, fourth installment by 1st June, 2022 and fifth installment by 1st September, 2022.
If the revisionist pays as directed above, no coercive action shall be taken against him in pursuance of the recovery warrant.
In case, the revisionist failed to deposit the aforesaid amount within time, the court below will be at liberty to proceed against the revisionist in pursuance of recovery warrant issued against him.
It is made clear that the revisionist shall continue to pay Rs. 4,000/-, per month to O.P. No. 2 and Rs. 2,000/- to her minor daughter Km. Neha ( Total Rs. 6,000/- per month) regularly as has been modified by this Court while passing the interim order in place of Rs. 3,000/- and Rs. 1,000/-), as has been ordered by Family Court, Bareilly.
With the above observation, the present application is disposed of.
Order Date :- 28.7.2021 RPD