Allahabad High Court
Shakeel Ahmad vs State Of U.P. & Anr. on 9 July, 2010
Court No. - 50 Case :- CRIMINAL REVISION No. - 2515 of 2010 Petitioner :- Shakeel Ahmad Respondent :- State Of U.P. & Anr. Petitioner Counsel :- R.K. Verma Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the revisionist and the learned AGA for the State and perused the record.
This revision has been preferred by the revisionist against the judgmnet and order dated 27.5.2010 passed by the Principal Judge, Family Court, Moradabad in Case No.372/11/2005 under Section 125 Cr.P.C.(Smt. Rabiya Vers. Shakeel Ahmad), whereby an amount of maintenance of Rs.2000/- per month has been awarded to Smt. Rabiya, opposite party no.2 and Rs.2600/- has been awarded to Km. Iram, opposite party no.3 (minor daughter) of the parties from the date of presentation of the application.
It is contended by the learned counsel for the revisionist that the amount of maintenance awarded by the court below is excessive.The revisionist has no sufficient means to paythe above amount. The maintenance amount has been awarded from the date of presentation of the application without assigning sufficient reasons.
Issue notice to opposite party no.3, returnable within four weeks. Steps to be taken within five days.
List thereafter before the appropriate bench.
In the meantime, the operation of the impugned order shall remain stayed subject to the condition that the revisionist deposits 50% of the amount of arrear of maintenance in two equal installments within two months from the date of this order and the remaining amount of arrears shall remain stayed. The revisionist continues to pay monthly amount of maintenance as awarded by the court below regularly before the court below by the 10th date of every month.
Order Date :- 9.7.2010 Ak/