Court No. - 88

Case :- CRIMINAL REVISION No. - 2852 of 2022

Revisionist :- Engineer Manish Patel

Opposite Party :- State of U.P. and Another

Counsel for Revisionist :- Ram Krishna Chaurasia

Counsel for Opposite Party :- G.A.,Pankaj Singh,Rakesh Kumar Tiwari

Hon'ble Raj Beer Singh,J.

1. Heard learned counsel for revisionist, learned counsel for

respondent No. 2, learned A.G.A. for the State and perused the

record.

2. This revision has been preferred against judgement and order

dated 21.06.2022, passed by learned Principal Judge Family Court,

District Banda, in Case No. 26/IX of 2019 (Smt. Kanchan Prabha

@ Josa Vs. Engineer Manish Patel), under Section 125 Cr.P.C.,

whereby, the revisionist has been directed to pay maintenance @

Rs. 10,000/- p.m. to the respondent No. 2 from the date of filing of

application to the date of order, and Rs. 20,000/- p.m. from the

date of order to the respondent No. 2.

3. Learned counsel for revisionist submits that he is not disputing

the findings rendered by the family court on factual aspects of the

matter and he is ready and willing to pay the maintenance amount

awarded by the family court but as the maintenance of Rs. 10,000/-

p.m., has been granted from the date of filing of application, thus

there are huge arrears of maintenance amount and thus,

installments may be fixed for payment of arrears of maintenance

accrued to the respondent No. 2.

4. Learned counsel for respondent No. 2 submits that initially, 50%

amount of total arrears of maintenance, may be paid by the

revisionist and that remaining 50% amount may be paid by him in

installments.

5. Considering the submissions of learned counsels for parties and

perusal of record, it is directed that in case revisionist

pays/deposits an amount of Rs. 1,00,000/- (One Lakh) within a

period of two weeks from today before the family court concerned,

the remaining arrears of maintenance, accrued to the respondent

No. 2 in pursuance to the impugned order, may be paid by the

revisionist in five monthly installments to be fixed by the Family

Court concerned. In case, revisionist fails to pay the amount of Rs.

1,00,000/- in the period as stated aforesaid, the family court would

be at liberty to initiate execution proceedings in accordance with

law.

6. In view of the aforesaid, the revision is disposed of finally in

above terms.

Order Date :- 7.2.2023

Suraj

Digitally signed by :-

SURAJ YADAV

High Court of Judicature at Allahabad