Hon'Ble R.C. Khulbe vs Khusnood"
2021 Latest Caselaw 2844 UK

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                                  CRLR No.183 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Aditya Pratap Singh, learned counsel for the revisionist.

Ms. Sonika Khulbe, learned B.H. for the State.

Heard.

This criminal revision is preferred against the judgment and order dated 29.06.2021, passed by Addl. Judge, Family Court Roorkee, District Haridwar, in Criminal Misc. No.14 of 2019, "Abida Vs. Khusnood".

Admit.

Issue notice to respondent no.2. Steps be taken within a week.

Also heard on the stay application (IA No.1 of 2021).

From the perusal of the record, the respondent filed an application under Section 125 Cr.P.C., which was registered as Case No.94 of 2011, 'Abida Vs. Khusnood in which the concerned court allowed the application on 10.04.2013 and the revisionist was directed to pay Rs.10,000/- per month as maintenance to the respondent-Abida.

The respondent also filed a misc. application, which was registered as Criminal Misc. Case No.14 of 2019, 'Abida vs. Khusnood' for the recovery of the maintenance amount w.e.f. 10.02.2018 to 10.01.2019, but the concerned court, although, allowed the said application and a direction was issued to the District Primary Education Officer, Muzaffarnagar, U.P. to recover the amount Rs.5 lakh from the salary of the revisionist-Khusnood and a direction was also issued to recover Rs.10,000/- per month for the salary of the revisionist.

From the perusal of the application dated 25.01.2019, it is clear that the respondent filed this application only for the recovery of Rs.1,10,000/- while the concerned court was directed the District Primary Education Officer, Muzaffarnagar, U.P. to recover Rs.5 lakh from the salary of the revisionist, which is, 'prima facie' illegal.

It is submitted by learned counsel for the revisionist that, as per the order dated 29.06.2021 the revisionist has already paid Rs.53,000/-.

List this matter on 16.09.2021. In the meantime, the revisionist will pay the remaining amount Rs.57,000/- to the respondent and he will also pay Rs.10,000/- per month as per order dated 10.04.2013.

Stay application stands disposed of.

(R.C. Khulbe, J.) 04.08.2021 BS