Shiv Kumar Maurya vs State Of U.P. And Another
2022 Latest Caselaw 11084 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- CRIMINAL REVISION No. - 3206 of 2022
 

 
Revisionist :- Shiv Kumar Maurya
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Mohd. Sarwar Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the revisionist and learned AGA for the State.

The present criminal revision has been preferred with the prayer to set aside the judgment and order dated 11.5.2022 passed by Principal Judge, Family Court, Jaunpur in Case no.1890 of 2019 (Jyoti Maurya Vs. Shiv Kumar Maurya).

Learned counsel for the revisionist submits that the trial court has fixed the maintenance of Rs.3000/- per month from the date of application. The maintenance application was filed on 12.12.2019.

At this stage, learned counsel for the revisionist submits that the revisionist is a poor person and working on daily wages, as such, he is not in a position to deposit the amount from the date of application at one go. He submits that the installments may be provided so that the amount as directed by the court below by order dated 11.5.2022 be paid.

In the interest of justice, it is provided that current maintenance shall be paid by the revisionist as directed by the trial court and in respect of arrears from the date of application till the date of order, the same shall be paid by the revisionist in four equal quarterly installments starting from 01.09.2022.

In case of default in payment of any installment as fixed hereinabove or payment of the current maintenance, the court below is at liberty to proceed with the recovery of the amount in accordance with law.

With the aforesaid observations and direction, the revision is disposed of.

Order Date :- 23.8.2022

D. Tamang