Subhash Chandra Agarwal, J. - (1.) This criminal revision under Sec. 397/401 of the Code of Criminal Procedure is directed against the judgment and order dated 15.6.2010 passed by the Judge, Family Court, Agra, in Case No. 611 of 2008, Smt. Asha Singh and Ors. v/s. Harveer Singh, under Sec. 125 Code of Criminal Procedure P.S. Sikandra, District - Agra, whereby the revisionist Harveer Singh was directed to pay maintenance allowance under Sec. 125 Code of Criminal Procedure at the rate of Rs. 5000/ - per month to his wife Smt. Asha Singh, opposite party No. 2 and at the rate of Rs. 3000/ - per month to his minor daughter Km. Tanvi Singh opposite party No. 3 with effect from the date of judgment i.e. 15.6.2010.
(2.) On 4th August, 2010, when the application for interim stay was pressed by learned Counsel for the revisionist, this Court passed the following orders: Learned Counsel for the parties are present. Counter affidavit be filed within four weeks. Rejoinder affidavit may be filed within a week thereafter. List on 22nd September, 2010. Till the next date of listing, operation of impugned order dated 15.6.2010 shall remain stayed provided the revisionist deposits the entire arrears of maintenance allowance @ of Rs. 4000/ - per month to the wife and 2000/ - per month to the daughter as directed by the Family Court within a period of four weeks from today and shall continue to deposit the maintenance allowance at the same rate in future by 7th of every month. In case of default in payment, the stay order shall automatically stands vacated.
(3.) The revisionist, dissatisfied with the interim order passed by this Court on 4.8.2010 approached the Apex Court by means of Special Leave to Appeal (Crl.) No. 7217 of 2010, which was disposed of by the Apex Court with the following order: The Special Leave Petition has been filed against the impugned interim order dated 4.8.2010 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 2524 of 2010 which is coming up before the High Court on 22nd September, 2010. Since the matter is coming up before the High Court on 22nd September, 2010, this is not a fit case for interference under Article 136 of the Constitution. The Special Leave Petition is dismissed accordingly. However, we request the High Court to decide the case on the date fixed after hearing the parties concerned and not adjourn it.;