Court No. - 5 Case :- CRIMINAL REVISION No. - 1979 of 2010 Petitioner :- Munne Respondent :- Smt. Chanda B. Petitioner Counsel :- Prabhakar Awasthi Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
The present criminal revision has been filed against the Judgement and order
dated 03.03.23010 passed by Judge, Family Court, Bareilly in Case No. 153
of 2006 (Smt. Chandra B. Vs. Munne, under Section 125 Cr.P.C., Police
Station Qila, District Bareilly.
It is contended by learned counsel for the revisionist that Rs. 800/- per month
has been awarded as a maintenance to the opposite party no.2 and Rs. 500/-
per month has been awarded to the minor child from the date of birth of a
minor child. It is next contended that the order of maintenance should have
been passed from the date of order.
Issue notice to the sole opposite party returnable within a period of four
weeks. Steps be taken within a week.
Opposite party 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.
It is provided that in case, the revisionist deposits entire arrears of
maintenance amount from the date of order dated 03.03.2010, within a period
of one month from today and continues to deposit the monthly maintenance
amount by 7th of each calender month, the recovery of remaining arrears of
maintenance amount shall be kept in abeyance, till the next date of listing.
The amount so deposited by the revisionist before the Court below shall be
paid over to the opposite party after due verification.
In case, of default in payment as aforestated, then this interim order shall
automatically stands vacated.
Order Date :- 14.6.2010
S.Ali