Court No. - 49
Case :- CRIMINAL REVISION No. - 949 of 2018 Revisionist :- Sushil Kumar Sahu Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sanjeev Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Deepak Kumar holding brief of Sri Sanjay Kumar Sharma, learned counsel for the applicant and learned A.G.A. for the State.
Present revision has been filed to set aside the judgement and order dated 27.1.2018, passed by learned Principal Judge, Family Court, Kanpur Nagar, in Misc. Case No.239 of 2017, u/s 126(2) Cr.P.C., Permanent Case No.863 of 2012, u/s 125 Cr.P.C., P.S. Chakeri, District Kanpur Nagar, during the pendency of the instant revision.
By that order, the learned court below has allowed the aforesaid application filed by the applicant subject to payment of 50% of the arrears of monthly maintenance allowance awarded under the order dated 24.2.2015.
Perusal of the order impugned in the present revision as also the other document annexed with the present application reveal that matter is very old. The opposite party no.2 has filed the present application under Section 125 Cr.P.C., on 27.11.2012, and the same remained pending for more than two years. It was first decided on an ex-parte basis on 24.2.2015. Then the applicant filed the application under Section 126(2) Cr.P.C. to recall the aforesaid ex-parte order and the matter remained pending for a further period of almost three years.
Thus, almost five years have passed and opposite party no.2 has yet not received any amount towards maintenance allowance.
Considering the above, the condition imposed by the learned court below requiring the applicant to deposit 50% of the arrears is neither excessive nor arbitrary.
However, last it has been submitted that sometime may be granted to the applicant to make the deposit inasmuch as about Rs.3,00,000/- has to be deposited by the applicant.
Considering the above, the time granted by the learned court below is extended for a further period of three months from today such that the deposit as directed by the learned court below may be made by the applicant not later than 30th June, 2018. In the meanwhile, the applicant shall further continue to pay to opposite party no.2, a sum of Rs.5,000/- per month from April,2018 onwards on or before the 10th of every month.
Subject to the above compliance being made by the applicants, the ex-parte order dated 24.2.2015, shall stand recalled and the learned court below may decide the matter afresh.
Present revision stands disposed of.
Order Date :- 28.3.2018 Shalini