Court No. - 55
Case :- CRIMINAL REVISION No. - 1872 of 2014 Revisionist :- Virendra Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- R.N. Yadav,K.N.Yadav,R.N.Singh Counsel for Opposite Party :- Govt. Advocate,U.S. Chauhan
Hon'ble Vivek Kumar Singh,J.
Heard Sri R.N.Singh, learned counsel for the revisionist, Sri U.S.Chauhan, learned counsel for private opposite parties and Sri Abhinav Prasad, learned AGA appearing for the State.
The instant criminal revision has been preferred by the revisionist with the prayer to set aside the order dated 14.3.2014 passed by the Principal Judge, Family Court, Mau in case no.41 of 2014filed under section 125 Cr.P.C., P.S. Sarailakhansi, Mau.
Earlier following order was passed by this Court on 28.9.2015 which is reproduced as under:
"Learned counsel for the revisionist contends that opposite party no.2 is not legally wedded wife and opposite party no.3 is not his daughter and the learned lower court has acted wrongly in holding the relationship of husband and wife between the revisionist and opposite party no.2 and holding opposite party no.3 could be daughter of revisionist and opposite party no.2; that learned Principal Judge, Family Court, Mau has acted wrongly in awarding maintenance to opposite parties no.2 & 3 w.e.f. the date of application i.e. 3.7.2001.
Learned counsel for the opposite parties no.2 & 3 submits that the revisionist is not making the payment of arrears of maintenance till the date of impugned order dated 14.3.2014 and is also not making regular payment of maintenance amount from the date of order and onwards though he has made payment of petty amount towards the current amount of maintenance.
Upon hearing learned counsel for the parties and perusal of record, since the delay has been condoned and opposite parties no.2 & 3 have put in appearance, the revision is liable to be admitted.
Admit.
Put up on 15.10.2015 for hearing.
Till the next date of listing i.e. 15.10.2015, the operation of impugned order dated 14.3.2014 shall remain stayed subject to ascertaining payment of entire amount of arrears of maintenance from 14.3.2014 to 30.9.2014 in accordance with impugned order dated 14.3.2014 through bank draft in favour of opposite parties no.2 & 3 or deposit in court below, failing which the entire amount of maintenance under the impugned order shall become due and recoverable through process of court.
Thereafter on 15.10.2015 the following order was passed by this Court "Affidavit of compliance on behalf of the revisionist has been filed today in the Court, which is taken on record.
Learned counsel for the revisionist has submitted that in compliance of order dated 28.09.2015, the revisionist has deposited the entire amount and he further undertakes to pay monthly amount of the maintenance (Rs.2,000/-) regularly to opposite party nos. 2 and 3.
Learned counsel for the opposite party nos. 2 and 3 has not disputed the aforesaid fact.
On the request of learned counsel for the revisionist, the case is passed over for the day and the interim order dated 28.09.2015 is extended till the next date of listing with the condition that the revisionist shall continue to pay monthly amount of maintenance (Rs.2,000/-) regularly to opposite party nos. 2 and 3.
List this matter on 20.11.2015."
Considering the facts and circumstances of the case and the submission advanced by the learned counsel for the revisionist, it is directed that if the revisionist has any grievance with regard to the maintenance allowance the same may be filed before the court concerned who shall decide the matter in accordance with law within a period of six months from the date of production of certified copy of the order.
Accordingly the petition is disposed of.
Order Date :- 26.7.2018 IA