Piyush Barve vs Piyusha Sharma
2023 Latest Caselaw 18184 MP

                                                             1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                              ON THE 31 st OF OCTOBER, 2023
                                          CRIMINAL REVISION No. 5268 of 2019

                          BETWEEN:-
                          PIYUSH BARVE S/O VIJAY BARVE, AGED ABOUT 34
                          YE A R S , OCCUPATION: SERVICEQ 366, V-SECTOR,
                          SILICON CITY PS RAJENDRA NAGAR INDORE
                          (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (SHRI NILESH DAVE, LEARNED COUNSEL FOR THE PETITIONER .

                          AND
                          1.    PIYUSHA SHARMA W/O PIYUSH BARVE, AGED
                                ABOUT 32 YEARS, 366, V-SECTOR, SILICON CITY
                                PS RAJENDRA NAGAR INDORE (MADHYA
                                PRADESH)

                          2.    PRATITI MINOR THR. NATURAL MOTHER
                                PIYUSHA SHARMA W/O PIYUSH BARVE CASTE
                                BRAHMAN,      AGED     ABOUT   32   YEARS,
                                OCCUPATION: NOTHING R/O: 366, V-SECTOR ,
                                SILICON CITY, P.S. RAJENDRA NAGAR ,INDORE
                                (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (NONE FOR THE RESPONDENTS EVEN AFTER SERVICE OF NOTICE)

                                Th is revision coming on for hearing this day, th e court passed the
                          following:
                                                              ORDER

With consent of parties heard finally.

2 . This criminal revision under Section 397 and r/w Section 401 of Cr.P.C. has been filed by the petitioner being crestfallen by the judgment dated 19.09.2019 passed in MJCR No.224/2018 by the Principal Judge, Family Court Signature Not Verified Signed by: AMIT KUMAR Signing time: 11/1/2023 5:08:16 PM

Dhar, whereby the learned Family court has awarded maintenance under Section 125 of Cr.P.C. to the tune of Rs.4000/- per month in favour of respondent no.1 and Rs.3000/- per month in favour of respondent no.2 from the date of order. Hence, the present petition before this Court.

2. During the course of arguments, counsel for the petitioner submits that proceedings of recovery has been initiated against the petitioner. It is further submitted that out of the amount of Rs.3,43,00/- remaining till the present day and the petitioner has already been deposited Rs.57,500/- and only Rs.2,85,500/- is still remaining. Counsel for the petitioner submits that he is ready to deposit the remaining amount in six easy installments and shall also

ready to deposit the regular amount of maintenance of Rs.7000/- per month also. Hence prays that subject to the aforesaid proposal, petition may be allowed and the stay proceedings initiated against the petitioner may kindly be stayed.

3. No one appeared on behalf of the respondents even after service of notice. In view of the arguments put forth by counsel for the petitioner, the record has been perused.

4. As proposed by counsel for the petitioner aforesaid, the petition is disposed off with a direction that the petitioner shall pay the remaining amount of Rs.2,85,500/- in six easy installments. First installments of Rs.47584/- shall be paid by the petitioner within one month from the order of this Court i.e. on or before 30.11.2023. Thereafter, further, the petitioner shall pay the installments second to sixth on or before the end of February, 2024, May, 2024, August 2024, November 2024 and lastly by the end of the months of February 2025.

5. The petitioner shall also further pay the amount of Regular maintenance to the tune of Rs.7000/- per month regularly without fail. Signature Not Verified Signed by: AMIT KUMAR Signing time: 11/1/2023 5:08:16 PM

6. Subject to the aforesaid undertaking before the trial Court also, the recovery proceedings shall be stayed till final disposal of the case in the trial Court. In case of a single failure, the respondents (through learned trial court) shall be at liberty to take appropriate action against the petitioner.

7. With the aforesaid, the petition stands disposed off. Certify copy, as per rules.

Pending application, if any stands closed.

(PREM NARAYAN SINGH) JUDGE amit

Signature Not Verified Signed by: AMIT KUMAR Signing time: 11/1/2023 5:08:16 PM