Raj Kumar Yadav v. State of U.P. and 2 Others

Court No. - 66 Case :- CRIMINAL REVISION No. - 5372 of 2023 Revisionist :- Raj Kumar Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Uday Prakash,Shiv Saran Sharma Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The present criminal revision is directed against the order dated

22.08.2023 passed by Additional Principal Judge, Family Court No. 4, Kanpur Nagar in Case No. 1070 of 2021 (Smt. Babita Yadav and another Vs. Raj Kumar Yadav) under Section 125 Cr.P.C. awarding maintenance of Rs. 6000/- in favour of respondents no. 2 and 3; respondent no. 2 is the wife of the petitioner and respondent no. 3 is daughter.

¶3At the outset, learned counsel for the petitioner states that the petitioner is ready and willing to pay the entire balance amount of maintenance, if it is arranged in installments. Accordingly; this Court directs;

(i) to pay the entire balance amount in four equal monthly installments on 25 of each month, the first installment shall be paid on 25.12.2023, thereafter rest of the installments would paid monthwise;

(ii) along with the installments, the petitioner shall pay each months' maintenance, as decided by order dated 22.08.2023 on 25th of each month;

(iii) failing to comply with this order, the order dated 22.08.2023 shall automatically revive and learned Family Court will be at liberty to recover the maintenance charges from the petitioner in accordance with law.

¶4Meanwhile, no coercive action shall be taken against the petitioner subject to the compliance of the terms of this order.

¶5In view of the aforesaid directions, petition is disposed of. Order Date :- 1.12.2023 P.Sri. (Vinod Diwakar,J.) High Court of Judicature at Allahabad