Pramod Kumar v. State of U.P & Anr.

Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. The present criminal revision has been filed with prayer to set aside the impugned order dated 04.03.2025 in Misc. Case No.08 of 2017 (Smt. Sunita vs. Pramod Kumar) under Section 125(3) Cr.P.C. as well as ex-parte judgment and order dated 23.11.2016 passed by Additional Session Judge/F.T.C., Family Court, Court No.2 Ghaziabad in Criminal Misc. Case No.95 of 2016 (Smt. Sunita Vs. Pramod Kumar) under Section 125 Cr.P.C., Police Station Sahibabad, District Ghaziabad and also prays to stay the effect and operation of the order dated 04.03.2025. It is submitted by learned counsel for the revisionist that in this case ex-parte order dated 23.11.2016 was passed by the learned trial court against the revisionist allowing the maintenance Rs.4000/- per month in favour of the wife. It is also submitted that by order dated 04.03.2025 recovery warrant/arrest warrant has also been directed to be issued by the learned trial court.

Without going into the merits of the case learned counsel for the revisionist submitted that he is ready to make payment of maintenance allowance at the rate of 4000/- per month to the opposite party but for easy payment of arrears of maintenance, the amount of arrears may be divided into easy installments. Learned A.G.A. has no objection in this regard. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the order passed by learned trial court, since there is no any dispute regarding merit of the order passed by the learned trial court but request is to divide the amount of arrears into easy installments, therefore, it is expedient to divide the total amount of arrears of maintenance i.e. Rs.1,28,000/- into 12 equal installments that will be payable with the current amount of maintenance.