Court No. - 5 Case :- CRIMINAL REVISION No. - 2227 of 2010 Petitioner :- Sanjay Sharma Respondent :- State Of U.P. & Others Petitioner Counsel :- Dr. Akhilesh Kumar Sharma Respondent Counsel :- Govt. Advocate 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 27.4.2010 passed by Principal Judge Family Court, Agra in Complaint
case no. 545 of 2004, under Section 125 Cr.P.C., whereby Rs. 1000/- per
month has been granted to the opposite party no.2 and Rs. 250/- per month
has been granted to the opposite party no.3. from the date of filing of
application under Section 125 Cr.P.C.
It is contended that the order of maintenance should have been granted from
the date of order.
Issue notice to opposite party no. 2 returnable at an early date. Steps be taken
within a week.
Learned A.G.A. prays for and is granted four weeks time for filing 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.
It is directed that the revisionist shall deposit the entire arreas of maintenance
amount from the date of order within one month from today, before the
Family Court, Agra and continues to deposit the monthly maintenance amount
as awarded by the Family Court, Agra on the 7th of each calendar month. The
amount so deposited by the revisionist before the Family Court, District Agra,
shall be duly paid over to the opposite parties no.2 and 3 after due verification
by the Court below.
No coecive action shall be taken against the revisionists pursuant to the
aforesaid deposit, with regard to the arrears of maintenance amount from the
date of application to the date of order.
In case, the aforesaid amount is not deposited within the aforesaid period, the
interim protection granted above shall automatically stands vacated.
Order Date :- 15.6.2010
F.H.