Agraj Singh @ Kaptan Singh vs Smt. Anubha Singh And Another
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Allahabad High Court

Agraj Singh @ Kaptan Singh vs Smt. Anubha Singh And Another on 27 May, 2024

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:41010
 
Court No. - 27
 

 
Case :- CRIMINAL REVISION No. - 581 of 2024
 

 
Revisionist :- Agraj Singh @ Kaptan Singh
 
Opposite Party :- Smt. Anubha Singh And Another
 
Counsel for Revisionist :- Suresh Chandra Shukla
 

 
Hon'ble Shamim Ahmed,J.
 

Heard SriSuresh Chandra Shukla, learned counsel for the revisionist as well as the learned A.G.A. for the State and perused the record.

The revisionist has filed this revision with the prayer to summon the lower court record, allow the Criminal Revision and to set-aside the judgment and order dated-15.04.2024 passed by learned Additional Principal Judge Court No.3, Family Court, Lucknow, in Criminal Case 1554 of 2018 (Old Case No. 1013 of 2009), Smt. Anubha Singh & another Vs. Shri Agraj Singh alias Kaptan Singh, whereby revisionist has been directed to pay maintenance to respondent no.2 as provided in the order.

Learned counsel for the revisionist, after some arguments, confined his prayer only up to the extent that whatever amount, as per order dated 15.04.2024, comes as arrear till 31.05.2024,revisionist is ready to pay the same in four equal installments. He also submits that as per his calculation, from 27.10.2009 till 31.05.2024, as per arrangement given vide order dated 15.04.2024, the amount comes to around Rs. 15.50 lacs, out of which the around Rs. 7 lacs has been given by the revisionist to the respondent no. 2as interim maintenance, which shall be adjusted, thus, he submits that now balance of Rs. 8.50 lacs only is due till 31.05.2024. He also submits that from the month of June 2024 the revisionist will pay the maintenance-amount regularly as per direction of the court below dated 15.04.2024.

The proposal appears to be genuine. After considering the proposal given by learned counsel for the applicant, this court thinks it proper that some installments may be fixed to be paid by the revisionist to his son/respondent No. 2 regarding the arrears of maintenance from 27.10.2009 till 31.05.2024. After deduction of the amount paid as interim maintenance, the amount comes to approximately Rs. 8.50 lacs, which shall be paid by the revisionist in four equal quarterly installments. The first installment of Rs 2 lacs will be paid on 30th August, 2024; second installment of Rs 2 lacs will be paid on 30 November, 2024; the third installment of equal amount will be paid on 28 February, 2025 and the last and the final installment of the remaining Rs. 2.50 lacs will be paid on 30.05.2025, and from the month of June 2024, the maintenance amount, as per order dated 15.04.2024, shall be paid to the respondent No 2 regularly, without fail.

In case of default of any of the installments/conditions, stated above, the trial court is at liberty to recover the entire amount in accordance with law.

With the above observations, the revision is finally disposed of.

(Shamim Ahmed, J.)

Order Date :- 27.5.2024

A.Nigam