Allahabad High Court
Mohd. Kaleem vs State Of U.P. Thru. Addl. Chief ... on 20 December, 2022
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 13
Case :- CRIMINAL REVISION No. - 1164 of 2022
Revisionist :- Mohd. Kaleem
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko And 2 Others
Counsel for Revisionist :- Alok Kr. Misra,Shyam Kumar Tiwari
Counsel for Opposite Party :- G.A.,Firoz Ahmad Khan
Hon'ble Shamim Ahmed,J.
This revision has been filed by the revisionist against the judgment and order dated 02.09.2022 passed by the learned Additional Principal Judge, Family, Room No.1, Gonda in Criminal Case No. 446/2019 under Section 125 Cr.P.C., by which Rs. 3,000/- per month and Rs.2,000/- per month from the date of application has been fixed as interim maintenance to the wife-opposite party No.2 and daughter-opposite party No.3.
Heard Sri Alok Kumar Misra, learned counsel for the revisionist and Sri Firoz Ahmad Khan, learned counsel for the opposite party Nos. 2 and 3 and Sri Diwaker Singh, learned A.G.A. for the State.
This Court vide order dated 13.12.2022 passed the following order:
"Heard Sri Alok Kumar Mishra, learned counsel for the revisionist as well as Sri Firoz Ahmad Khan, learned counsel for the opposite party Nos. 2 and 3 and Smt. Kiran Singh, learned A.G.A. for the State and perused the record.
In compliance of order dated 15.11.2022, the revisionist and opposite party No.2 are present before this Court and have been identified by their respective counsels.
This revision has been filed by the revisionist against the judgment and order dated 02.09.2022 passed by the learned Additional Principal Judge, Family, Room No.1, Gonda in Criminal Case No. 446/2019 under Section 125 Cr.P.C., by which Rs. 3,000/- per month and Rs.2,000/- per month from the date of application has been fixed as interim maintenance to the wife-opposite party No.2 and daugther-opposite party No.3.
Till the next date of listing, operation of the impugned order dated 02.09.2022 passed by the learned Additional Principal Judge, Family, Room No.1, Gonda in Criminal Case No. 446/2019 (Smt Kismatulnisha and another Vs. Kaleem) shall remain stayed, provided with the condition that the revisionist shall continue to pay maintenance amount of Rs. 5000/- per month ( Rs. 3000/- + 2000/-) from January 2023 and pay the the amount of arrears in installments calculating the amount at the rate of Rs. 5000/- per month from the date of application i.e. 17.07.2019 till December, 2022 which comes to approximately Rs.2,10,000/- (Rs. Two Lacs Ten Thousand) , as per the calculation made by learned counsel for the revisionist.
Learned counsel for the revisionist submits that the revisionist will pay the amount of arrears and bring demand Draft of Rs. 75,000/- (Rs. Seventy Five Thousand) in the name of opposite party No.2 to show his bona fide on the next date fixed and the revisionist be permitted to pay the remaining amount of arrears in four equal installment.
The prayer of learned counsel for the revisionist is accepted looking the financial condition of the revisionist.
The first installment of Rs. 35,000/- (Rs. Thirty Five Thousand) be paid on or before 25.01.2023, the second installment of Rs. 35,000/- (Rs. Thirty Five Thousand) be paid on or before 25.02.2023, the third installment of Rs. 35,000/- (Rs. Thirty Five Thousand) be paid on or before 25.03.2023 and the fourth and last installment of remaining amount be paid on or before 25.04.2023.
All the payments shall be made by way of Bank Draft in favour of revisionist's wife Smt Kismatulnisha without fail.
It is made clear that from January, 2023 onwards on or before 10th day of every month, till further orders of this Court, the applicant will pay Rs. 3,000/- per month to opposite party no.2-wife and Rs. 2000/- per month to opposite party no.3, as an interim maintenance without fail during the pendency of this application or till further orders by this Court.
It is clarified that in case the revisionist fails to comply with the aforesaid condition, as mentioned above, interim relief regarding installment granted by this Court shall automatically cancelled and the court below is at liberty to proceed regarding recovery of the entire amount due in accordance with law.
As prayed, put up this case on 20.12.2022.
The revisionist and opposite party No.2 shall again appear before this Court on the date fixed."
In compliance of order 13.12.2022, opposite party No.2 Smt. Kismatulnisha is present before this Court in person.
Sri Alok Kumar Misra, learned counsel for the revisionist submits that the revisionist is not present before this Court in spite of intimation given to him and even though the order was passed in the presence of the revisionist.
Sri Firoz Ahmad Khan, learned counsel for the opposite party Nos. 2 and 3 submits that this shows the ill intention of the revisionist that he has not paid any amount, as directed by this Court nor he is able to keep her wife, thus he prays that the present revision be dismissed.
Learned A.G.A. submits that the revisionist has not shown his bona fide and has not paid single penny, as directed by this Court vide order dated 13.12.2022, thus the intention of the revisionist is very clear and the revisionist is only intent to file the revision and keep it pending any how before this Court and to take advantage of the pendency of the revision, thus he is not entitled to get any indulgence and sympathy by this Court and the revision be dismissed.
After hearing learned counsel for the parties and after perusal of the record, this Court finds that the revisionist is not interested to pay any amount to the opposite party No.2-wife, who is present before this Court, that shows his ill intention and only he wants to take advantage of the filing the revision.
Accordingly, the revision is dismissed.
The interim order, granted earlier, stands vacated.
The Court below is at liberty to proceed in accordance with law and decide the case expeditiously preferably within a period of three months from the date of production of certified copy of this order.
Office is directed to communicate this order to the court concerned.
Order Date :- 20.12.2022
Arvind
