YADUNANDAN Vs. RAMABAI

JUDGEMENT

(1.) The applicant has filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the order dated 05.09.2018 passed in MJC No. 47/2007 by JMFC, Harsood, District Khandwa whereby the learned JMFC Court while considering the application filed by the respondent under Section 125(3) directed the applicant to deposit an amount of Rs.75,000/- in the first installment in first month and remaining second installment in second month.

(2.) Facts giving rise to this revision petition, in short, are that the respondent is the legally wedded wife of the applicant. Out of the said wedlock, two daughters were borne. Respondent and daughters were neglected for maintenance, the respondent filed an application under Section 125 of the Cr.P.C. before the JMFC Court. JMFC Court has passed an order dated 30.04.2007 in MJC No. 47/2007 directed the applicant to pay Rs.2,000/- to the respondent and his daughters towards the monthly maintenance allowance. But in spite of order, the applicant has not deposited the single penny towards the maintenance, she filed an application under Section 125(3) of the Cr.P.C. Arrest warrant has been issued against the applicant and applicant was sent to the District Jail, Khandwa for none payment of the monthly maintenance allowance. The applicant appeared before the JMFC Court, Harsood, District Khandwa and filed an application for releasing him. The Court vide order dated 01.09.2018 observed that the total amount remains to be paid by the applicant is of Rs.2,27,000/- but the applicant did not pay the amount and he again sent to jail. The applicant filed a Criminal Revision being aggrieved by that order passed by the JMFC Court, registered as Criminal Revision No. 3/2018. Learned Revisional Court passed an order dated 05.09.2018 in Criminal Revision No. 3/2018 for releasing the applicant with the condition that he will furnish two competent surety of Rs. 1 lakh each and also imposed a condition that after releasing, the applicant will deposit the whole remaining amount within a period of two months. In first installment deposit an amount of Rs.75,000/- and in the second month deposit the remaining amount due for providing the maintenance allowance.

(3.) In compliance of the order passed by the Revisional Court, the learned JMFC Court issued a released order of the applicant.