In this criminal revision, the High Court disposed of the petition challenging an order requiring the wife to file a fresh execution case for the recovery of unpaid maintenance arrears against the husband.
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Court No. - 67
Case :- CRIMINAL REVISION No. - 296 of 2022
Revisionist :- Smt. Anjali Bajpayee Alias Anjali Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Prateek Sinha Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Learned counsel for the revisionist filed supplementary affidavit today, which is taken on record.
Heard Sri Prateek Sinha, learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
This criminal revision has been filed challenging the order dated 15.03.2021 whereby the learned Principal Judge, Family Court, Court No. 5, Kanpur Nagar has directed the wife to file fresh execution case for recovery of balance amount.
Submission made by learned counsel for the revisionist is that on account of matrimonial discord husband and wife were residing separately and wife has moved an application under section 125 Cr.P.C. which was allowed as exparte on 23.08.2004 directing the husband/Ravi Shankar Bajpayee to pay Rs. 1,500/per month from the date of application i.e. 19.12.2002. The husband has neither filed any recall application not paid any single penny. Left with no option as execution case was moved on 21.09.2004 which was eventually decided on 15.03.2021 whereby with the great delay the opposite party no. 2 Ravi Shankar Bajpayee has deposited a sum of Rs. 52,500/- which was disbursed in favour of the revisionist.
Contention raised by the counsel is that from the date of order i.e. 23.08.2004 till today the total arrears amount is Rs. 2,96,000/- out of which Rs. 52,500/- has been paid to the revisionist. The revisionist is claiming the rest of amount, if such an application is moved before the Court concerned, it shall be decided within next three months positively by a reasoned order.
With these observations, the criminal revision is accordingly disposed of.
Order Date :- 8.4.2022 Vikram
Digitally signed by VIKRAM SINGH Date: 2022.04.19 13:03:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal revision challenging the order directing the wife to file a fresh execution case for maintenance arrears is maintainable.
1 provisions across 1 enactments
Smt. Anjali Bajpayee Alias Anjali
State Of U.P.
Ravi Shankar Bajpayee
Rahul Chaturvedi
As recorded by the court registry
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