Court No. - 5 Case :- CRIMINAL REVISION No. - 1832 of 2010 Petitioner :- Islam Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Radhey Shyam Maurya Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State
respondent.
The present criminal revision has been filed for quashing the order 03.02.2010
passed by Additional Sessions Judge, Court No. 5, Azamgarh whereby
confirming the order of the Judicial Magistrate, Azamgarh dated 05.03.2009
granting maintenance of Rs. 1,000/- per month to opposite party no. 2, Rs.
500/- per month was awarded to the child and Rs. 5,000/- was awarded for
mental harassment.
Issue notice to the opposite party no.2 returnable within a period of four
weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks’ time to file counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the revisionist two weeks’ thereafter,
is granted for filing rejoinder affidavit.
List immediately, after expiry of the aforesaid period before appropriate
Court.
Learned counsel for the revisionist states that the revisionist shall deposit 50%
of the arrears of maintenance amount within one month from today before the
Judicial Magistrate, Azamgarh and shall continue to pay the current
maintenance allowance month by month before the said court by 7th day of
each calender month.
However, it is provided that in case, the revisionist deposits 50% of the
arrears of maintenance amount within one month from today and continue to
pay the current maintenance allowance month by month by 7th day of each
calender month, the recovery of remaining 50% of the arrears of maintenance
allowance shall be kept in abeyance.
The amount so deposited by the revisionists shall be paid over to the opposite
party no.2 after due verification by the court below.
In case of default of payment of aforesaid amount, the interim protection
granted by this Court shall stands automatically vacated.
Order Date :- 14.6.2010
Sunil Kr. Gupta