CRLR/64/2023
2023 Latest Caselaw 323 UK

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      30.01.2023                                CRLR No. 64 of 2023
                                                Hon'ble Sharad Kumar Sharma, J.

Ms. Laxmi Saini, Advocate for the revisionist.

Mr. Parikshit Saini, Advocate for the respondent.

The wife of the present revisionist had instituted a proceeding under Section 125 of the Code of Criminal Procedure for the grant of maintenance, as back as, on 25.01.2016.

The proceedings under Section 125 of C.P.C., had attained finality by an adjudication made by the judgment dated 27.08.2019. When the said amount was not paid by the present revisionist, the respondent had filed an application under Section 125 (3) of C.P.C. on 18.11.2019, seeking an execution for the recovery of the amount of the maintenance as determined by the judgment dated 27.08.2019.

It is not in dispute that the principal judgment dated 27.08.2019, has not been challenged by the present revisionist before any forum. Hence, it attaches finality to the order dated 27.08.2019.

When the proceedings under Section 125(3) of C.P.C., was put to motion, the revisionist himself had made a statement before the court below on 23.09.2022, that he would be paying the entire amount within two months. Despite of the said undertaking given by the revisionist before the court below, when the said amount was not paid within the time granted, the court was constraint to pass an order dated 26.01.2023, directing the recovery of the amount, as well as, for issuance of warrant of arrest against the revisionist.

Learned counsel for the revisionist would submit, that the revisionist does not deny the liability to pay the amount, as determined by the order dated 27.08.2019, but for certain reasons, due to which he was suffering from financial crises, he is not been able to pay the said maintenance amount to the respondent.

Without venturing into that aspect because that will not be an issue to be dealt with by this Court in this revision, this revision is being exclusively disposed of based upon the statement made by the revisionist's counsel before this Court on behalf of the revisionist that he will be paying the entire amount, as determined by the judgment dated 27.08.2019, within a period of one month from today.

It is made clear that if the said amount is not paid despite of the undertaking given before this Court, the order dated 06.01.2023, would be given effect to.

Subject to the aforesaid, the criminal revision stands disposed of.

(Sharad Kumar Sharma, J.) Vacation Judge 30.01.2023 Mamta