BALJEET SINGH Vs. BALVINDER KAUR & OTHERS

JUDGEMENT

(1.) None turned up on behalf of the revisionist even in the revised call. There is no representation also on behalf of the respondents. Hence, this Court has gone through the papers on record and considered the controversy involved in the matter with the assistance of Mr. KS Rautela, AGA, for the State.

(2.) It is a matrimonial dispute pertaining to recovery of maintenance awarded by the Special Judicial Magistrate, CBI, II, Dehradun on the 125 CrPC application filed by Smt. Balvinder Kaur and her two minor children. Way back on 3.4.2002, the court below awarded maintenance @ Rs. 500/- per month to Smt. Balvinder Kaur with effect from the date of maintenance application i.e. 29.9.1995, and Rs. 500/- per month to each of two minor children with effect from the date judgment and order. When in compliance of the said order, very little amount was paid by the revisionist husband, then his wife Smt. Balvinder Kaur initiated the recovery proceedings by filing Suit No. 586/2002, whereupon learned Principal Judge, Family Court, Dehradun, vide his order dated 27.8.2005, directed for issuance of recovery warrant against the revisionist for recovery of outstanding amount of maintenance amounting to Rs. 38,375/-. Hence, the revisionist husband has come up on this revision.

(3.) This Court, vide order dated 30.9.2005, stayed the impugned order on the condition that the revisionist shall deposit 50 per cent out of the aforesaid outstanding amount.