Court No. - 76
Case :- CRIMINAL REVISION No. - 4375 of 2019 Revisionist :- Syed Ali Mehndi Kazmi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A.,Aslam Ali
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
The present criminal revision has been filed to quash the order dated 14.10.2019 as well as the entire proceedings of Case No. 946 of 2019 (Syed Ali Mehndi Kazmi Vs. Nilofar Khan), under Section- 126 Cr.P.C., Police Station- Mohammadabad, District- Mau, pending in the court of learned Principal Judge Family Court, Mau.
It has been submitted that the opposite party no. 2 filed a case against the revisionist under Section 125 Cr.P.C. for maintenance on 21.04.2015. The learned Principal judge Family Court, Mau has passed an ex-parte order vide order dated 12.04.2019 awarding maintenance of Rs.8,000/- per month to the opposite party no. 2 from the date of filing of application. The order dated 12.04.2019 being an ex-parte order, therefore, an application under Section 126 Cr.P.C. was filed by the revisionist on 27.09.2019 which has been rejected by the learned Principal Family Judge, Mau on 14.10.2019. Learned counsel for the revisionist has prayed that since the order for maintenance was an ex-parte order, therefore, he may be heard and his application under Section 126 Cr.P.C. be decided on merits.
It appears that the revisionist is adopting delaying tactics in order to avoid payment of the amount of maintenance which is pending from 2015. However, on the prayer of the learned counsel for the revisionist that this application may be decided afresh and the case may be heard on merits, it is directed that in case the applicant deposit 50 per cent of the arrears within a month from today and pays Rs.8,000/- per month from 12.04.2019 on the 10th day of every calendar month. The application of the revisionist will be decided on merits within three months from today.
In case of violation of the aforesaid condition and non-deposition of the amount, this order shall stand automatically cancelled and the court below will be free to proceed against the revisionist in accordance with law.
Accordingly, this criminal revision stands disposed off.
Order Date :- 29.11.2019 Priya