Court No. - 71

Case :- APPLICATION U/S 482 No. - 38991 of 2022

Applicant :- Javed @ Javid

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

Counsel for Applicant :- Krishna Kumar Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the record.

By way of this application under section 482 Cr.P.C., learned

counsel for the applicant wants to get stayed the recovery

proceedings dated 7.10.2022 started by Tehsildar concerned

regarding case no. 574 of 2019 under section 125 Cr.P.C.,

pending before Principal Judge, Family Court, Kanpur Dehat.

As per the facts of the case, the opp. party no. 2 moved an

application under section 125 Cr.P.C. on 9.10.2019 before the

trial court for the maintenance to the tune of Rs. 15000/- per

month in total Rs. 5000/- each for her two minor sons and Rs.

5000/- for herself. During pendency of this application, the

applicant no. 2 moved an application for interim maintenance

on 29.1.2021 which was disposed of vide order dated 16.3.2021

of the Principal Judge, Family Court, Kanpur Dehat whereby

Rs. 3000/- per month as interim maintenance, from the date of

this application dated 29.1.2021 along with Rs. 15,000/- one

time payment towards expenses of the case was awarded.

According to the applicant, he has paid Rs. 23,500/- till now to

his wife and now a recovery of Rs. 39,000/- has been issued on

7.10.2022 against him. Though he was paying the due amount

regularly but there was some talk of compromise between the

parties, so he could not pay the rest due amount in time, hence,

the prayer is made that if installments are fixed for the payment

of the due amount, he will pay the same.

As the applicant is ready to pay the due amount in two equal

installments along with regular payment of Rs. 3000/- per

month, this application is disposed of with the direction that the

applicant shall pay Rs. 30,000/- on 10th of this month and rest

amount on 4th of March 2023 along with regular payment of

Rs. 3000/- per month. Further it is clarified that if the applicant

deposits the amount of Rs. 30,000/- on 10th of this month only

then, recovery issued against him shall remained stayed up to

4.3.2023.

Order Date :- 2.2.2023/Gss

Digitally signed by :-

GIRAJA SHANKER SHARMA

High Court of Judicature at Allahabad