Court No. - 48 Case :- CRIMINAL REVISION No. - 1332 of 2010 Petitioner :- Dilshad Respondent :- State Of U.P. & Another Petitioner Counsel :- Nipun Singh Respondent Counsel :- Govt. Advocate Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the Revisionist, learned AGA for the
State and perused te record.
Learned counsel for the revisionist has not challenged the finding
of the trial court for granting the maintenance Rs. 2,000/- to his
own sons. He simply challenged the finding of the trial court
saying that respondent no. 2 is not entitled for any maintenance as
she is living with her parents without sufficient cause. He further
challenged the finding of the trial court for awarding Rs. 5,000/-
per month to Smt. Munni.
Arguable case is made out.
Admit on the above points. Summon the lower court record.
Issue notice to the respondent no. 2 for filing counter affidavit
within three weeks. Rejoinder affidavit may be filed within
another one week. List immediately thereafter.
Learned counsel for the revisionist prayed for stay of the operation
of the impugned order.
Seeing the facts and circumstances of the case, if the revisionist
pays Rs. 2,500/- per month for the wife and Rs. 2,000/- per month
for sons regularly till the pendency of the Revision, recovery of the
rest amount shall remain stayed till the next date of listing. All the
arrears from the date of order shall be paid by the revisionist along
with the maintenance amount in the next month by 10th May,
2010. In case of breach of any of the condition, this order shall not
remain in force and respondent no. 2 shall be free to initiate
proceedings for recovery of the whole amount.
Order Date :- 2.4.2010
Kaushal