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Whether revisionist is maintainable without deposit of the arrears of maintenance?

IN THE COURT OF DR. T.R. NAVAL, ADDITIONAL SESSIONS
JUDGE-02, EAST DISTRICT, KARKARDOOMA COURTS, DELHI

Cr. Rev. No.180/11
Date of institution :09.12.2011
Date of Argument:02.06.2012
Date of Order :08.06.2012

Shri Raghubir Yadav…….Revisionist

Versus

Smt. Poornima Yadav & Anr. …… Respondents

ORDER
This order will depose off a point whether revision of the revisionist is maintainable without deposit of the arrears of maintenance as laid down in case Rajeev Preenja Vs. Sarika & Ors. 159(2009) DLT 616 (Delhi HC).

2. I have heard arguments of Ld. Counsels for the parties on this point and perused file.

3. It has been argued on behalf of the counsel for respondent that this court cannot entertain a revision without deposit of up to date arrears of maintenance by the revisionist.

4. In case of Rajiv Preenja Vs. Sarika & Ors.(Supra), it was held by Hon’ble Delhi High Court that:

“16. it is accordingly directed that when a revision petition is filed by husband in the court of the learned ASJ against an order of interim maintenance passed by a learned MM in favour of the wife, the said revision petition will not be entertained by the learned ASJ till the entire amount of interim maintenance due under the order of the learned MM up to the date of filing of the revision petition is first deposited in the court of the learned ASJ. The respondent wife and child, if any, should be permitted by the learned ASJ to withdraw the whole or part of the said sum, upon such terms and conditions as may be determined by the learned ASJ.”

5. Admittedly, the revisionist has not deposited the up to date arrears of maintenance in the court till date. Therefore, on applying the principles of law laid down in above case, I am of the view that arguments of counsel for respondent is convincing to the effect that this court can hear the revision petition of the revisionist on merits only after compliance of order of deposit of up to date arrears of maintenance as passed by Ld. M.M. Smt. Sunena Sharma on 05.10.2011.

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6. Revisionist has prayed time of two months to deposit arrears of maintenance in court. Accordingly, revisionist is granted two months time to deposit the entire arrears of maintenance in the court or to pay the entire arrears of maintenance to respondent on or before two months.

7. In case arrears is deposited in the court, 50% will be released to the respondent forthwith and 50% will be paid subject to the outcome of the present revision. Thereafter the case of the revisionist on merits can be entertained for hearing.

8. It is made clear that in case arrears of maintenance is not deposited, the revision of the revisionist may be dismissed as not maintainable. Announced in the Open Court on 08.06.2012

(DR. T.R. NAVAL)

Additional Sessions Judge-02, East Karkardooma Courts, Delhi

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