Court No. - 50 Case :- CRIMINAL REVISION No. - 2478 of 2010 Petitioner :- Moolchandra Respondent :- State Of U.P. & Others Petitioner Counsel :- Sanjiv Singh,Namwar Singh Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the revisionists and learned A.G.A. for the State.
This revision has been preferred by the revisionist to set aside the impugned
order dated 12.4.2010 passed by learned Addl. Sessions Judge/Special Judge
(E.C.Act) Jaunpur in Criminal Revision No. 246 of 2009 Heerawati Vs.
Moolchandra and others.
It is contended by the revisionist that the learned trial court has not awarded
any amount of maintenance to opposite party No. 2 but the Revisional court
has illegally set aside this order and passed an order of maintenance from the
date of presentation of application. It cannot be justified in the eye of law.
Learned A.G.A. has opposed this argument and submitted that the impugned
order passed by Revisional court is justified.
Considered the submissions made by learned counsel for the parties.
Issue notice to opposite parties No. 2 and 3 returnable within 4 weeks.
Steps, if any, be taken within 5 days.
List thereafter before appropriate Bench.
Operation of the impugned order will remain stayed provided the revisionist
deposits 50% amount of the arrear of maintenance in three instalments within
a period of three months and the remaining 50% amount of arrear of
maintenance will remain stayed provided that the revisionist continues to pay
Rs. 2000/- per month to opposite party No. 2 as maintenance allowance
regularly in future by 10th of every month before the court below.
Order Date :- 6.7.2010
GNY