Jitendra Pal Singh vs The Principal Judge,Family ...
2018 Latest Caselaw 4375 ALL

Citation : 2018 Latest Caselaw 4375 ALL
Judgement Date : 17 December, 2018

Allahabad High Court

Jitendra Pal Singh vs The Principal Judge,Family ... on 17 December, 2018

Bench: Mohd. Faiz Khan




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 

 
Case :- CRIMINAL REVISION No. - 558 of 2007
 

 
Revisionist :- Jitendra Pal Singh
 
Opposite Party :- The Principal Judge,Family Court,Lucknow.& 3 Ors.
 
Counsel for Revisionist :- Lalit Mohan Joshi,Girish Chandra Upadhyay,Sudesh Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Mohd. Faiz Alam Khan,J.

List has been revised.

None present for revisionist as well as for opposite party No. 2 to 4 however learned A.G.A. is present for the State.

Perusal of the office report dated 03.11.2007 shows that petitioner's counsel has failed to take steps, so notices could not be issued. Since the case is being listed after a long gap of time, therefore, one more opportunity is being provided to the revisionist to take steps to serve respondent No.2 to 4 within a week.

Perusal of the record further shows that on 5.10.2007, this Court passed an order that the arrear of maintenance allowance occurring at the rate of Rs.3500/- per month from the date of application i.e. 23.08.2004 shall remain stayed till the date fixed, provided the revisionist deposits a sum of Rs.50,000/- within ten days of passing this order and shall continue to pay the maintenance allowance at the rate of Rs.3500/- per month from the date of order i.e. 22.08.2007. However there is nothing on record which may reflect that this order of this Court has been complied by the revisionist. If this order has not been complied, it will be deemed to have been withdrawn, as this Court in the above stated order has specifically mentioned that in case of default of payment of money, the order staying the arrear of maintenance allowance shall be deemed to have been withdrawn.

In this view of the matter, list after four weeks along with the service report. Meanwhile learned counsel for revisionist may submit any proof of the compliance of this Courts order dated 05.10.2007.

Order Date :- 17.12.2018

Praveen