CHUNNILAL Vs. LAXMI DEVI

JUDGEMENT

(1.) Heard learned counsel for the applicant at length.

(2.) This application has been filed with the prayer to set aside the order dated 8.7.2005 passed by the Additional District Judge III, Ghaziabad in Criminal Revision No. 21 of 2004 and to maintain the exparte order dated 17.5.2002 passed by the Judicial Magistrate.

(3.) The facts giving rise to the dispute is that the opposite party Smt. Laxmi Devi was married to the applicant. She was subjected to severe cruelty for not bringing dowry. Two children were born from their wedlock but the applicant refused to maintain the wife and children. A divorce suit was instituted in Delhi on 3.12.2001, after the opposite party along with her children was turned out by the applicant. Finally an application under Section 125 Cr.P.C. was instituted by the wife Smt. Laxmi Devi claiming maintenance for herself and two children, numbered as case No. 97 of 2002. The Judicial Magistrate Hapur, District Ghaziabad awarded Rs. 300/- per month to the wife and Rs. 200/- to the elder child and Rs. 100/- to the younger child, total amount of Rs. 600/- per month vide order dated 17.5.2002. This order was an exparte order. Counsel for the applicant submitted that an application was moved on 26.8.2002 for recalling the exparte order but without any notice, the learned Magistrate enhanced the amount of Rs. 600/- to Rs. 900/vide order dated 30.10.2003 which was challenged in criminal revision. The revisional court stayed the recovery of the maintenance amount subject to the condition that half of the arrears shall be deposited within 15 days and half of the maintenance amount shall be deposited by 10th day of each succeeding English Calendar month. This order was passed on 13.1.2004. Needless to say that the applicant failed to deposit any amount whatsoever. The revision was finally dismissed vide judgment and order dated 8.7.2005 by the 3rd Additional District and Session Judge, Ghaziabad.