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Shiv Pujan v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 5964 of 2006  RD-AH 13435 (11 August 2006)
Crl. Misc. Writ petition No.5964 of 2006.
Shiv Pujan..... Petitioner.
State of U.P and others . Opp. Parties
Heard Sri Indrabhan Singh, leaned counsel for the petitioner and Sri Sanjeev Kumar Pandey, learned counsel for opposite party and learned A.G.A.
The Magistrate granted maintenance at the rate of Rs.450/-per month for the lady Smt. Malhura, (Respondent No.2) and Rs. 350/- per month for opposite party No. 3, Bhanu Pratap Singh (Minor). This was granted from the date of application i.e 12.4.1999. It was agreed between the parties that the amount shall be reduced to Rs. 400/- per month as two bighas of land has been transferred by the petitioner in the name of Opposite Party No.3, Bhanu Pratap Singh (minor). The opposite party No.3 is a minor son, hence the opposite party No.2, Smt. Malhura, shall remain in possession of the said land without any interference from any side. The amount of maintenance of Rs.400/- per month is permitted from the date of judgement i.e 13.12.2000. Thus, the amount of Rs. 26,000/- shall be deposited by the petitioner as arrears of maintenance up to 31st of May,2006.
The learned counsel for the petitioner has submitted that he is ready to pay the whole of the arrears in four installments and also regular monthly maintenance.
Considering the prayer of the learned counsel for the petitioner, it is hereby directed that the petitioner shall deposit the whole of the arrear of maintenance amount due up to 31st of May,2006 in four instalments, first by 1st of June, 2006, second by 1st of July,2006, third by 1st of August, 2006 and 4th by 1st of September, 2006 and also continues to pay same with effect from 1.6.2006 regularly. During this period of one month, the execution of proceeding shall remain in abeyance. The amount so deposited may be withdrawn by the opposite party Nos.2 NS 3. In case of breach of any of the conditions mentioned above, this order shall stand automatically vacated without any reference to this Court and the executive court shall take any steps so it likes.
With the agreement of the learned counsel for the parties, this writ petition is finally disposed of, accordingly.
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