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%03.06.2011
Present: Mr. Rakesh Kumar, Adv. for the petitioner.
Mr. Arvind Gupta, APP for the State.
Crl.
M.A. No. 6992/2011
Allowed, subject to all just exceptions.
Application stands disposed of.
+ Crl. M.C. No. 1965/2011
*
Vide order dated 2nd June, 2010 Metropolitan Magistrate, Delhi directed the petitioner to pay interim maintenance @
~4,000 I- per month to respondent no. 2 and ~6,000 I- per month to respondent no.3. Petitioner filed Criminal Revision NO. 5812010 before the Additional Sessions Judge, Delhi. In view of the
Present: Mr. Rakesh Kumar, Adv. for the petitioner.
Mr. Arvind Gupta, APP for the State.
Crl.
M.A. No. 6992/2011
Allowed, subject to all just exceptions.
Application stands disposed of.
+ Crl. M.C. No. 1965/2011
*
Vide order dated 2nd June, 2010 Metropolitan Magistrate, Delhi directed the petitioner to pay interim maintenance @
~4,000 I- per month to respondent no. 2 and ~6,000 I- per month to respondent no.3. Petitioner filed Criminal Revision NO. 5812010 before the Additional Sessions Judge, Delhi. In view of the
JUDGMENT
Rajiv Preenja vs. Sarika and Ors. 159 (2009) DLT
616, Additional Sessions Judge directed the petitioner to clear the arrears of maintenance before the revision petition is entertained. This amount was not deposited, consequently, revision was dismissed on this technical ground for not paying the. due maintenance. In Rajiv's case (supra) this Court had directed that the revisional court should insist on the deposit in
Court of the interim maintenance payable in terms of the order under challenge as a pre condition to entertaining the revision petition. In other words, revision can be filed but same cannot
\
~
~
2011:DHC:11351 be heard in view of this. A sum of ~50,000 /- towards arrears of maintenance is stated to have been paid to respondent no.2.
Petitioner is willing to clear all the arrears within two months.
In case the arrears of maintenance are deposited before the Trial
Court within 2 months from today, revision petition shall stand restored at its original number and be disposed of on merits.
Petition is disposed of in the above terms.
Crl. M.A. No. 6991/2011 (Stay)
Disposed of as infructuous.
June 03, 2011 ga d>~~
A.K. PATHAK, J.
~
2011:DHC:11351
616, Additional Sessions Judge directed the petitioner to clear the arrears of maintenance before the revision petition is entertained. This amount was not deposited, consequently, revision was dismissed on this technical ground for not paying the. due maintenance. In Rajiv's case (supra) this Court had directed that the revisional court should insist on the deposit in
Court of the interim maintenance payable in terms of the order under challenge as a pre condition to entertaining the revision petition. In other words, revision can be filed but same cannot
\
~
~
2011:DHC:11351 be heard in view of this. A sum of ~50,000 /- towards arrears of maintenance is stated to have been paid to respondent no.2.
Petitioner is willing to clear all the arrears within two months.
In case the arrears of maintenance are deposited before the Trial
Court within 2 months from today, revision petition shall stand restored at its original number and be disposed of on merits.
Petition is disposed of in the above terms.
Crl. M.A. No. 6991/2011 (Stay)
Disposed of as infructuous.
June 03, 2011 ga d>~~
A.K. PATHAK, J.
~
2011:DHC:11351