HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 54 Case :- APPLICATION U/S 482 No. - 40190 of 2011 Petitioner :- Pushpendra Respondent :- State Of U.P. And Others Petitioner Counsel :- R.K. Sinha Respondent Counsel :- Govt.Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by the applicant-husband challenging the order dated 14.7.2011 passed by Judicial Magistrate, Atarauli, Aligarh by which he has issued warrant for recovery of the arrears of maintenance which the applicant is liable to pay to the opposite party nos.2 to 4 awarded under the order dated 9.2.2010 passed by Judicial Magistrate, Atarauli, Aligarh in Case No.10/11 of 2008, Sattyawati Vs. Pushpendra under Section 125 Cr.P.C.
Learned counsel for the applicant challenged the impugned order on sevaral grounds.
After having heard the learned counsel for the parties and perused the impugned order as well as the other materials brought on record, I do not find any reason to interfere with the impugned order.
At this stage the learned counsel for the applicant submitted that the applicant has every intention to make payment of the arrears of maintenance to the opposite party no.2 to 4 but his present finanancial condition is not as such to enable him to pay the entire amount by way of lump-sum.
For the aforesaid reasons and considering the peculiar facts and circumstances of the case, I dispose of this application with a direction that in case the applicant deposits the entire amount of arrears of maintenance payable by him to the opposite party nos.2 to 4 in four equal monthly installments, no coercive action shall be taken against him. The first installment shall be payable by the applicant to the opposite party nos.2 to 4 on or before 31st December, 2011. Any amount which has already been paid by the applicant to the opposite party nos.2 to 4 shall be adjusted.
In case of default, the entire amount shall become recoverable forthwith.
Order Date :- 9.12.2011 Bhaskar