Allahabad High Court
Atul Vadera vs State Of U.P. Thru. Prin. Secy. ... on 21 September, 2023
Bench: Ram Manohar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:60977
Court No. - 29
Case :- CRIMINAL REVISION No. - 1029 of 2023
Revisionist :- Atul Vadera
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another
Counsel for Revisionist :- Anuj Dayal,Reshu Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
Instant criminal revision has been preferred against judgment and order dated 31.7.2023 passed by learned Additional Principal Judge, Family Court-1, in Misc. Case No. 104C of 2019 (Smt.Jaya Suri Vadera Vs. Atul Vadera) under Section 125(3) Cr.P.C., whereby recovery warrant has been directed to be issued by court below against revisionist for recovery of outstanding amount of arrears of maintenance pursuant to judgment and order dated 30.9.2019 passed by learned court below in Maintenance Case No. 405 of 2013 under Section 125 Cr.P.C..
Learned counsel for the revisionist submitted that marriage of the revisionist and respondent solemnized on 19.1.2022 at Kanpur Nagar according to Hindu rites and rituals. The relations of the spouse got estranged during the passage of time. The couple were blessed with two children Master Agrim and Anika. Respondent no. 2 had filed a divorce suit along with an application under Section 25 of Hindu Marriage Act and decree of divorce was passed in the year 2015, whereas respondent no. 2 had filed an application for maintenance under Section 125 Cr.P.C. on 18.5.2013 before Principal Judge, Family Court. Learned Family Court awarded interim maintenance to the tune of Rs. 50,000/- per month to minor children of the couple. The revisionist preferrred a criminal revision against said interim maintenance order dated 21.12.2015 before this Court. This Court in Crl. Revision No. 6 of 2016 has been pleased to stay the order dated 21.12.2015 with condition that petitioners will pay Rs. 20,000/- per month to children from the date of order dated 21.12.2015. The criminal revision was finally disposed of vide order dated 12.2.2018 by this Court, wherein order dated 21.12.2015 passed by learned court below was set aside in view of consent of the parties and undertaking given by learned counsel for the revisionist and matter was remanded to family court with direction to decide the matter without being influenced by any of the observations made by this Court. This Court finally disposed of criminal revision no. 6 of 2016 with direction to revisionist-husband that he would pay entire school fee of both the children and receipt thereof will be given immediately to Smt. Jaya Suri. The Family Court finally decided the Maintenance Case No. 405 of 2013 vide order dated 30.9.2019 after remand of the matter by this Court and the minor children of the revisionist and respondent no. 2 were awarded maintenance to the tune of Rs. 25,000/- per month to each of them, thus a sum of Rs. 50,000/- as maintenance to the minor children. Respondent no. 2 moved an application under Section 125(3) Cr.P.C. before court below on 19.11.2019 in which it is stated that from the date of filing of application to date of judgment at the rate of Rs. 50,000/- per month, total 39,00,000/- is due to paid to minor children of whom he is guardian but the respondent has paid only Rs. 13,21004/-, therefore, recovery warrant/attachment order be issued for recovery of outstanding sum i.e. Rs. 25,78,996/- and this application has been allowed by learned court below by impugned order without considering submissions and contentions of revisionist in right perspective.
It is further submitted that revisionist has been paying the maintenance to his minor children at the rate of Rs. 50,000/- per month on regular basis. There is dispute of calculation between revisionist and respondent no. 2 and calculation of respondent no. 2 was accepted by learned court below. Revisionist has paid towards school fee of his minor children from April, 2018 to September, 2019 to the tune of Rs. 8,12,464/- in compliance of order of this Court dated 12.2.2018, while disposing of Crl. Revision No. 6 of 2016. Revisionist has paid total Rs. 33,62,464/- towards maintenance of his minor children including their school fee. He has not made any deliberate default in payment of arrears of maintenance. Revisionist apprehends danger to life and liberty due to issuance of recovery warrant by learned court below. It is further submitted that Crl. Revision No. 289 of 2022 has been preferred by the revisionist against judgment and order dated 30.9.2019 which is pending before this Court.
Per contra, learned A.G.A. submitted that there appears to be no apparent infirmity or illegality in impugned order passed by learned court below and the recovery warrant may not be stayed without affording opportunity of hearing to the respondent no. 2.
Matter requires consideration.
Admit.
Issue notice to respondent no. 2 through C.J.M. concerned, returnable at an early date, after due service.
Counter affidavit, if any, be filed by the next date of listing.
Keeping in view the facts and circumstances of the case and admissions made by learned counsel for the revisionist so far, enforcement of recovery warrant issued by learned court below shall remain stayed till the next date of listing.
Order Date :- 21.9.2023
Anand
