AARIF KHAN Vs. FAMILY COURT MEERUT
LAWS(ALL)-2000-11-28
HIGH COURT OF ALLAHABAD
Decided on November 23,2000

AARIF KHAN Appellant
VERSUS
FAMILY COURT MEERUT Respondents

JUDGEMENT

- (1.) V. K. Chaturvedi, J. The prayer made in this revision is that the order dated 29-8-2000 passed by Family Court, Meerut in case No. 444/99 under Section 125 Cr. P. C. be quashed.
(2.) HEARD Shri Arvind Vashisth, learned counsel for the applicant and the learned A. G. A. The impugned order does not suf fer from any illegality, incorrectness and impropriety. Revision is accordingly dismissed.
(3.) 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 instal ments, first instalment of Rs. 1500/- shall be payable by the revisionist by 23-12-2000, second instalment of Rs. 1500/- shall be payable by the revisionist by 23-2- 2001 and the last instalment of the remaining balance amount shall be payable by the petitioner by 23- 4-2001, 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 dis charged and it will be open for the respon dent No. 1 to recover the entire amount from the revisionist. Revision dismissed. .;


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