High Court · 2025

1. Learned counsel for the revisionist is present.

2. None appeared on behalf of the learned counsel for the respondent no. 2 to represent her in present revision after service of notice.

3. Instant criminal revision has been preferred against the order dated 12.9.2024 passed by Additional Principal Judge, Family Court No. 1 Agra passed in Misc. Case No. 2040 of 2023, filed under section 126 (2) Cr.P.C. as well as the order dated 16.5.2024 passed by Additional Principal Judge, Family Court No. 1 Agra in Case No. 2449 of 2023. By the impugned order dated 16.5.2024, learned trial court has allowed application 3A under section 5 Limitation act together with application under section 126(2) Cr.P.C. with the condition that the opposite party in Maintenance Case No. 1239 of 2022, who is applicant in application under section 126(6) Cr.P.C., shall pay half of the entire amount of maintenance to the original applicants according to ex-parte judgement and order dated 5.7.2023 within three months and with this condition ex-parte judgement and order has been set aside. It is also directed in said order that in case revisionist fails to deposit 50% of total arrear of maintenance within stipulated period, this order shall stand vacated ipso facto.

4. As the applicant failed to deposit 50% of entire arrear of maintenance within stipulated period, learned court below has observed in impugned order dated 12.9.2024 that from perusal of record it is obvious that the opposite party has not complied with order dated 16.5.2024, therefore, the said conditional order is vacated due to none compliance and recovery warrant be issued against opposite party.

5. Learned counsel for the revisionist submitted that according to pay slip of the revisionist, who works in Indian Railways, in November 2024 his gross salary was Rs. 51,178/- whereas net salary was Rs. 20,845/- and Rs. 30,333/- has been deducted towards various recoveries like new pension scheme, electric energy charges, house rent, water charges, employees insurance scheme. He further submitted that initially Rs. 4,500/- were deducted towards maintenance payable to respondent no. 2 but subsequently the deduction started to the tune or Rs. 24,500/-per month which is more than net salaried income of the revisionist remains after deduction of said amount towards arrear of maintenance. The revisionist has to bear the responsibility of his mother and brother also and after deduction of huge sum of money on regular basis from his salary towards arrear of maintenance it is now become almost impossible for him to pay all he amounts, therefore the prayer has been made to waive the condition in order dated 16.5.2024 and set aside the subsequent order dated 12.9.2024.

6. Per contra, learned AGA for the State submitted that in order dated 16.5.2024 learned court below has set aside the earlier ex- parte judgement and order dated 5.7.2023 and restored the revisoin on its original number subject to payment of 50% of entire payment of arrears pursuant to said judgement within three months and as the revisionist failed to comply with the condition imposed in impugned order by subsequent order dated 12.9.2024 this order was vacated. Recovery warrant was issued against the revisionist, therefore, there is no illegality in the impugned order passed by learned trial court.

7. From perusal of the record it reveals that maintenance in 568 of 2018, applicants had prayed for Rs. 30,000 as monthly maintenance and the said case was decided ex-parte judgement and order dated 3.9.2019 whereby applicant no. 1 Hemlata was granted maintenance to the tune of Rs. 2000/- and Rs. 2500/- per month till he attained the of majority. Thus, total Rs. 4500/- has been awarded as interim maintenance to the applicants which was deducted from his salary on regular basis. Applicant had filed an application under section 127 Cr.P.C. for enhancement of said amount of maintenance which was registered as criminal misc. application No. 2139 of 2022 which was decided vide order dated 5.7.2023 whereby the amount of maintenance has been enhanced from Rs. 4500/- per month to Rs. 20,000/- per month to the applicants. This judgement was ex-parte the revisionist filed an application for restoration and recall the judgement passed by learned court below which was decided vide order order dated

16.5.2024 with condition that the revisionist shall deposit 50% of total arrear of maintenance persuant to order dated 5.7.2023 within three months. In ex-parte judgement and order dated 5.7.2023, the maintenance has been enhanced from the date of filing application under section 127 Cr.P.C. i.e. 10.11.2022.

8. Considering rival submissions made by learned counsel for the parties, totality of facts and circumstances of the case, gross and net salary of the revisionist and deductions made there from his salary, I am of the considered opinion that ex-parte judgement and order dated 5.7.2023 is set aside with condition that revisionist shall deposit or pay 25% of arrear of maintenance payable from 10.11.2022 to March 2025 within two months and the amount paid by the revisionist or deducted from his salary towards arrear of maintenance pursuant to judgement dated 5.7.2023 shall liable to be adjustment in this manner.

9. If the revisionist comply this condition, the suit shall be restored by the learned court below to its original number 2139 of 2022 under section 127 Cr.P.C. and will be decided by the learned court below after giving opportunity of hearing to both sides in accordance with law. However, if revisionist fails to comply with this order, it shall become ineffective after lapse of period prescribed for deposit of 25% of arrear of maintenance as directed. It is further directed that impugned order dated 16.5.2024 stands modified accordingly and consequent order dated 12.9.2024 is set aside.

10. Revision stands allowed in the manner as stated above. Order Date :- 18.3.2025 SY SUSHAMA YADAV High Court of Judicature at Allahabad

1. Learned counsel for the revisionist is present.

2. None appeared on behalf of the learned counsel for the respondent no. 2 to represent her in present revision after service of notice.

3. Instant criminal revision has been preferred against the order dated 12.9.2024 passed by Additional Principal Judge, Family Court No. 1 Agra passed in Misc. Case No. 2040 of 2023, filed under section 126 (2) Cr.P.C. as well as the order dated 16.5.2024 passed by Additional Principal Judge, Family Court No. 1 Agra in Case No. 2449 of 2023. By the impugned order dated 16.5.2024, learned trial court has allowed application 3A under section 5 Limitation act together with application under section 126(2) Cr.P.C. with the condition that the opposite party in Maintenance Case No. 1239 of 2022, who is applicant in application under section 126(6) Cr.P.C., shall pay half of the entire amount of maintenance to the original applicants according to ex-parte judgement and order dated 5.7.2023 within three months and with this condition ex-parte judgement and order has been set aside. It is also directed in said order that in case revisionist fails to deposit 50% of total arrear of maintenance within stipulated period, this order shall stand vacated ipso facto.

4. As the applicant failed to deposit 50% of entire arrear of maintenance within stipulated period, learned court below has observed in impugned order dated 12.9.2024 that from perusal of record it is obvious that the opposite party has not complied with order dated 16.5.2024, therefore, the said conditional order is vacated due to none compliance and recovery warrant be issued against opposite party.

5. Learned counsel for the revisionist submitted that according to pay slip of the revisionist, who works in Indian Railways, in November 2024 his gross salary was Rs. 51,178/- whereas net salary was Rs. 20,845/- and Rs. 30,333/- has been deducted towards various recoveries like new pension scheme, electric energy charges, house rent, water charges, employees insurance scheme. He further submitted that initially Rs. 4,500/- were deducted towards maintenance payable to respondent no. 2 but subsequently the deduction started to the tune or Rs. 24,500/-per month which is more than net salaried income of the revisionist remains after deduction of said amount towards arrear of maintenance. The revisionist has to bear the responsibility of his mother and brother also and after deduction of huge sum of money on regular basis from his salary towards arrear of maintenance it is now become almost impossible for him to pay all he amounts, therefore the prayer has been made to waive the condition in order dated 16.5.2024 and set aside the subsequent order dated 12.9.2024.

6. Per contra, learned AGA for the State submitted that in order dated 16.5.2024 learned court below has set aside the earlier ex- parte judgement and order dated 5.7.2023 and restored the revisoin on its original number subject to payment of 50% of entire payment of arrears pursuant to said judgement within three months and as the revisionist failed to comply with the condition imposed in impugned order by subsequent order dated 12.9.2024 this order was vacated. Recovery warrant was issued against the revisionist, therefore, there is no illegality in the impugned order passed by learned trial court.

7. From perusal of the record it reveals that maintenance in 568 of 2018, applicants had prayed for Rs. 30,000 as monthly maintenance and the said case was decided ex-parte judgement and order dated 3.9.2019 whereby applicant no. 1 Hemlata was granted maintenance to the tune of Rs. 2000/- and Rs. 2500/- per month till he attained the of majority. Thus, total Rs. 4500/- has been awarded as interim maintenance to the applicants which was deducted from his salary on regular basis. Applicant had filed an application under section 127 Cr.P.C. for enhancement of said amount of maintenance which was registered as criminal misc. application No. 2139 of 2022 which was decided vide order dated 5.7.2023 whereby the amount of maintenance has been enhanced from Rs. 4500/- per month to Rs. 20,000/- per month to the applicants. This judgement was ex-parte the revisionist filed an application for restoration and recall the judgement passed by learned court below which was decided vide order order dated

16.5.2024 with condition that the revisionist shall deposit 50% of total arrear of maintenance persuant to order dated 5.7.2023 within three months. In ex-parte judgement and order dated 5.7.2023, the maintenance has been enhanced from the date of filing application under section 127 Cr.P.C. i.e. 10.11.2022.

8. Considering rival submissions made by learned counsel for the parties, totality of facts and circumstances of the case, gross and net salary of the revisionist and deductions made there from his salary, I am of the considered opinion that ex-parte judgement and order dated 5.7.2023 is set aside with condition that revisionist shall deposit or pay 25% of arrear of maintenance payable from 10.11.2022 to March 2025 within two months and the amount paid by the revisionist or deducted from his salary towards arrear of maintenance pursuant to judgement dated 5.7.2023 shall liable to be adjustment in this manner.

9. If the revisionist comply this condition, the suit shall be restored by the learned court below to its original number 2139 of 2022 under section 127 Cr.P.C. and will be decided by the learned court below after giving opportunity of hearing to both sides in accordance with law. However, if revisionist fails to comply with this order, it shall become ineffective after lapse of period prescribed for deposit of 25% of arrear of maintenance as directed. It is further directed that impugned order dated 16.5.2024 stands modified accordingly and consequent order dated 12.9.2024 is set aside.

10. Revision stands allowed in the manner as stated above. Order Date :- 18.3.2025 SY SUSHAMA YADAV High Court of Judicature at Allahabad