Aarif Khan vs Family Court Meerut and Another

V. K. Chaturvedi, J.—The prayer made in this revision is that the order dated 2982000 passed by Family Court, Meerut in case No. 444/99 under Section 125 Cr. P.C. be quashed.

Heard Shri Arvind Vashisth, learned counsel for the applicant and the learned A.G. A.

The impugned order does not suffer from any illegality, incorrectness and impropriety.

Revision is accordingly dismissed.

At this stage, learned counsel for the revisionist submitted that since the revisionist is a poor man and it is beyond his capacity to pay the entire arrears of maintenance allowance to the respondent No. 2 immediately, therefore, facility of making payment in easy instalments may be afforded to the revisionist.

After hearing, learned counsel for the revisionist and considering the facts and circumstances of the case, it is provided that if the revisionist deposits entire arrears of maintenance allowance which comes to around Rs. 6400/ in three equal instalments, first instalment of Rs. 1500/ shall be payable by the revisionist by 23122000, second instalment of Rs. 1500/ shall be payable by the revisionist by 2322001 and the last instalment of the remaining balance amount shall be payable by the petitioner by 2342001, then recovery of the arrears against the revisionist shall remain stayed. In addition to the payment of arrears of maintenance allowance, as indicated above, the revisionist shall continue to pay the future maintenance amount to the respondent No. 2 in terms of the impugned order regularly. It is, however, made clear that in the event of default by the revisionist in making payment of any of the instalments in the manner as indicated above, this order staying recovery against the revisionist shall automatically stand discharged and it will be open for the respondent No. 1 to recover the entire amount from the revisionist. Revision dismissed.