Sanjay Yadav vs State Of U.P. And Others
2023 Latest Caselaw 12091 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- CRIMINAL REVISION No. - 1405 of 2019
 

 
Revisionist :- Sanjay Yadav
 
Opposite Party :- State of U.P. and Others
 
Counsel for Revisionist :- Dharamendra Kumar,Arvind Kumar
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Suresh Kumar Gupta,J.

On 23.10.2019, this Court passed the following orders:-

1. Heard learned counsel for the revisionist and the learned Additional Government Advocate.

2. Issue notices to respondent nos. 2 and 3, returnable at an early date.

Steps to be taken by 30.10.2019.

3. This revision under Section 19(4) of the Family Courts Act, 1984 has been filed against the judgment and order dated 21.08.2019 whereby the revisionist has been directed to pay maintenance to respondent no. 2 @ 2,000/- per month and respondent no. 3 @ 1,000/- per month from the date of order.

4. Learned counsel for the revisionist submits that the revisionist is ready and willing to bring back respondent nos. 2 and 3 and, maintain them if they live with him. The learned counsel further submits that there is every likelihood of the matter being settled between the parties before the Mediation and Conciliation Center of this Court.

5. Considering the said submission, the matter is referred to the Mediation and Conciliation Center of this Court where the revisionist and respondent no. 2 shall remain present on 08.11.2019.

6. The revisionist is directed to deposit a sum of Rs.20,000/- (rupees twenty thousand) before the Mediation Center, out of which a sum of Rs.15,000/- (rupees fifteen thousand) shall be released in favour of respondent no. 2 on her appearance before the Mediation Center.

7. The revisionist is directed to pay respondent nos. 2 and 3 the maintenance amount for the month of October and November, 2019 on or before 07.11.2019 and, continue to pay the same on 7th day of every month.

8. Learned mediator(s) is/are requested to make every endeavour to settle the dispute between the parties and, send a report to this Court at an early date.

9. List this revision after receipt of report of the Mediation Center.

10. Till the next date of listing, no coercive measures shall be adopted against the revisionist pursuant to the impugned order dated 21.08.2019.

As per office report dated 5.3.2020 the revisionist could not comply the order dated 5.3.2020. Neither he had taken steps nor deposited amount of Rs.20,000/- as per order dated 23.10.2019.

Since order for deposition of amount of Rs.20,000/- has been passed in the year 2019 and interim order was granted to the revisionist but the revisionists failed to comply the order dated 23.10.2019.

Therefore, interim order dated 23.10.2019 is hereby vacated forthwith.

Perusal of the impugned order shows that there is no illegality or infirmity in the impugned order passed by the court below. Therefore, this criminal revision deserves to be dismissed and is hereby dismissed.

Office is directed to communicate this order to the court concerned forthwith to proceed with the matter against the revisionist and communicate accordingly.

Order Date :- 20.4.2023

Virendra