Allahabad High Court
Smt. Prabha Devi And Another vs State Of U.P. And Another on 29 September, 2015
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 53
Case :- CRIMINAL REVISION No. - 3587 of 2015
Revisionist :- Smt. Prabha Devi And Another
Opposite Party :- State Of U.P. And Another
Counsel for Revisionist :- K.D. Awasthi
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Ramesh Sinha,J.
Heard Sri K. D. Awasthi, learned counsel for the revisionists, and Sri R. K. Maurya, learned AGA appearing for the State and perused the record.
This revision has been filed for setting-aside the judgment and order dated 16.07.2015, passed by the Principal Judge, Family Court, Auraiya, in Case No. 4 of 2014 (Shri Ravindra Pal Singh Vs. Prabha Devi), under Section 126 (2) Cr.P.C., District Auraiya, so far as it relates payment of Rs.10,000/- towards the arrears of back amount to the revisionists, from the opposite party no.2, in pursuance of the order dated 19.07.2011, passed by the Civil Judge (Junior Division), Auraiya.
It is submitted by the learned counsel for the revisionists that maintenance was allowed to the revisionists, towards wife and daughter of opposite party no.2, vide order dated 19.07.2011, passed by the Civil Judge (Junior Division), Auraiya. A copy of which has been filed herewith and marked as annexure no.2 to the affidavit. Aggrieved by the said order, the opposite party no.2 has filed a petition before this Court, and the same was rejected. Thereafter, the recovery warrant were also issued against the opposite party no.2 on 16.07.2015, passed by the Principal Judge, Family Court, Auraiya, for paying arrears of maintenance, on an application filed by the revisionist no.1 under Section 126(2) Cr.P.C. The opposite party no.2 has challenged the order dated 16.07.2015, before this Court by means of filing application under Section 482 Cr.P.C No. 27456 of 2015, and the same was rejected by this Court, vide order dated 14.09.2015, as no illegality was found by this Court, in the order dated 16.07.2015, passed by the Principal Judge Family Court, Auraiya. A copy of order dated 14.09.2015 is produced by the learned counsel for the revisionists, which is taken on record.
It appears that after the dismissal of the petition filed by the opposite party no.2 against the order dated 19.07.2014, the opposite party no.2 has already field R. M. Case No. 4 of 2014 (Ravindra Pal Singh Vs. Smt. Prabha Devi), under Section 126(2) before the Principal Judge Family Court, Auraiya on 21.01.2014, for setting-aside the order dated 19.01.2014, as it was an ex-parte order, on which an objection was also filed by the revisionist no.1 on 10.10.2014. A copy of the same has been filed and marked as annexre n.3 to the affidavit. He submitted that the said application has been allowed by the Principal Judge, Family Court, Auraiya, with the direction to the opposite party no.2 that he shall deposit Rs.10,000/- towards the arrears of maintenance, which was payable to the revisionists, and further he shall paid Rs.3,000/- and Rs.1500/- to the revisionist no.1 and 2, respectively, from the date of impugned order. He submitted that as the order dated 16.07.2015 passed by the Principal Judge, Family Court, Auraiya was challenged by the opposite party no.2 before this Court, by means of filing application under Section 482 Cr.P.C. No. 27456 of 2015, which was dismissed by this Court vide order dated 16.09.2015, hence the impugned order passed by the Principal Judge, Family Court, Auraiya is an illegal one, and same be set-aside.
Considering the fact and circumstances of the case, the present matter is remanded back to the Principal Judge, Family Court, Auraiya, with the direction to consider the said aspect of the revisionists and pass appropriate order in accordance with law, within two weeks from the date of production of certified copy of this order, and till then the operation of the impugned order shall be kept in abeyance.
With the aforesaid observation, the present application is disposed of finally
Order Date :- 29.9.2015/VKG
