JUDGMENT Virendra Saran, J.
1. Smt. Shakti Khare has filed the present revision against the judgment and order dated 22.5.1993 in Case No. 18 of 1993, passed by Sri Mohd. Farooq, Judge, Family Court, Allahabad. It appears that the applicant filed an application against her husband Jagdish Prakash Khare alias Jagdish Prased Khare--respondent No. 3. Her application for maintenance was allowed by Judicial Magistrate 1st class Allahabad on 28.1.1991 and the revision against the order was dismissed by the learned Sessions Judge, Allahabad on 4.9.1991. Respondent Jagdish Prakash Khare alias Jagdish Prasad Khare filed Writ Petition No. 627 of 1992 in this Court which was decided on 4.11.1992 by Hon'ble Mr. Justice Markandey Katju. Certified copy of the order passed by Mr. Justice Markandey Katju is on the record. It was contended before Hon'ble Mr. Justice Markandey Katju that the order of maintenance had been passed ex-parte and respondent Jagdish Praksh Khare was not give adequate opportunity of being heard. After hearing the parties Hon'ble Mr. Justice Markandey Katju allowed the writ petition. The relevant portion of his order reads thus :--
Hence this petition is allowed and the matter is remanded to the Trial Court which is directed to decide the case within four months of production of a certified copy of this judgment before him. I also direct that the petitioner will pay the respondent No. 3 Rs. 350/- per month as well as the arrears from 1.1.1991 At this rate within six weeks from today. The case will not be adjourned by the Court below. Parties will appear before the Trial Court on 18.11.1992. No orders as to costs."
2. The grievances of the applicant, is that inspite of the order of Hon'ble Mr. Justice Markandey Katju, the petitioner has not been given any maintenance till now and on the other hand a forged compromise has been filed before the Family Court on basis of which the Family Court has passed the impugned order directing the respondent No. 3 to pay Rs. 300/-per month towards maintenance but even that has not paid to the applicant. The impugned order has been passed on 22.5.1993.
3. I have given my anxious consideration to the facts and circumstances of the case and it appear that every thing is not well with compromise dated 10.3.1993 which has been acted upon by Family Court Accordingly the order dated 22.5.1993 passed by the learned Judge. Family Court, Allahabad set aside. The case is sent back to the Judge, Family Court, Allahabad for expeditious disposal. The learned Judge, Family Court, Allahabad shall proceed to realise the entire arrears at the rate of Rs. 350/- per month as directed by Hon'ble Mr. Justice Markandey Katju by order dated 4.11.1992. However, the learned Judge Family Court, Aallahabad shall decide the case on merits after giving notice to respondent according to law give opportunity to both the parties of leading their evidence and of being heard according to law. The learned Judge shall decide the case within four months of production of certified copy of this judgment or the receipt of the record.
4. With the above directions this revision is finally disposed of. The record of the Trial Court shall be sent back to the Judge, Family Court. Allahabad within one week from today.