Manish Kumar vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 20437 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- CRIMINAL REVISION No. - 1272 of 2022
 

 
Revisionist :- Manish Kumar
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
 
Counsel for Revisionist :- Gauri Suwan Pandey,Anita
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Heard Ms. Anita, learned Counsel for the applicant, Shri Niwas Bajpai, learned AGA for the State and perused the material brought on record.

This criminal revision under Section 19 (4) of the Family Courts Act, 1985 has been filed by the revisionist, Manish Kumar, challenging the judgment and order dated 04.11.2022 passed by the Principal Judge, Family Court, Sitapur in Criminal Misc. Case No. 876 of 2018 : Smt. Guddi Vs. Manish Kumar, whereby application filed by the respondent no.2-Smt. Guddi, who is the wife of the revisionist-Manish Kumar, under Section 125 Cr.P.C. for maintenance was allowed partly and directed the revisionist-Manish Kumar to pay Rs.3,000/- from the date of application to his wife, namely, Smt. Guddi (respondent no.2) as maintenance.

At the outset, learned Counsel for the revisionist submits that revisionist does not want to challenge the findings recorded by the Court below with regard to maintenance by means of the impugned order and the revisionist is ready to pay Rs.3000/- as directed by the Court below by means of the impugned order to the respondent no.2, but due to financial constraint, applicant is not able to pay the arrears of the amount to the respondent no.2, therefore, interest of justice would be suffice, if revisionist is permitted to pay the arrears of the amount in installments. According to him, outstanding arrears as per the the impugned judgment as on date is about Rs.1,80,000/-. He further submits that the revisionist is also ready to pay the future amount as per the impugned order to the respondent no.2.

Learned AGA does not have any objection to the aforesaid prayer of the learned Counsel for the revisionist.

Keeping in view the commitment of the revisionist and looking into the financial condition of the revisionist and also considering the plea of the revisionist that the revisionist will pay the future amount as directed by the Court below by means of the impugned order within the stipulated period, the instant revision is disposed of finally with a direction to the revisionist to pay the arrears of the amount as awarded by the Court below by means of impugned order to the respondent no.2 in four equal installment. The first installment will fall due in January, 2023. The installments shall be paid by 5th to 10th of the calendar month. In case of default of the above conditions, the benefit of this order will not be extended to the revisionist.

It is clarified that the impugned judgment and order dated 04.11.2022 is modified to the aforesaid extent only.

.

(Ramesh Sinha, J.)

Order Date :- 9.12.2022

Ajit/-