OM PRAKASH Vs. URMILA DEVI ALIAS SIRVALI

JUDGEMENT

(1.) S. K. Agarwal, J. Sri V. B. L. Srivas-tava, learned counsel for the applicant, has sent his illness slip today. Earlier on several occasions in the past he had been either sending illness slips or getting the case adjourned. Initially the order of Hon. J. C. Mishra, J. dated 5-10-1998 is a revela tion (sic) of his conduct. On 5-10-1998 the Court did not honour his illness slip. On that date the Court has found that there is a Vakalatnama of Sri A. R. B. Kher on behalf of the applicant. The matter was then directed to come up on the list with name of Sri A. R. B. Kher. Today Sri Vinod Kumar Srivastava holding brief of Sri A. R. B. Kher is present in Court. I have heard him.

(2.) SRI SRIvastava was directed to file a copy of the written statement and copy of the statement made before the Judge, Family Court. The office report dated 8-11-1994 shows that the orders have not been complied with. The subsequent reports also are to the same effect.

(3.) IT has been submitted alter this much of the order was dictated that sometimes be allowed to pay the arrears. In my view the prayer has some force. The order is dated 15-9-1994 and the payment of Rs. 350/- per month as maintenance allowance is allowed from the date of the application. The application is dated 28-5-1992. Thus, the amount, at this rate, will be quite large. IT will not be possible for him to make payment in one stroke. Bearing this cir cumstances in mind, I direct that the ap plicant will pay 1/3rd amount within six weeks from today, second 1/3rd amount shall be paid in another six weeks and the last 1/3rd amount shall be paid in the next two months. Whatever amount he has deposited in pursuance to the impugned order shall be adjusted towards the entire amount so calculated by the trial Court. He is further directed to continue to pay the maintenance allowance regularly every month by 10th day of every month as fixed by the trial Court. This will be in addition to the instalments fixed by me.