IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL REVISION No.40 of 2008 Vinod Verma … Revisionist Versus State of Uttarakhand and four others … Respondents Dated: November 17, 2008 Sri Ramji Srivastava, Adv. for the revisionist Sri M.A. Khan, brief holder for State/Respondent No.1 Sri Pawan Mishra, Adv. for respondent no.2 to 5 HON. DHARAM VEER, J. This criminal revision, preferred by the revisionist under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) r/w Section 19(4) of the Family Courts Act, 1984, is directed against the judgment and order dated 03.01.2008 passed by Principal Judge, Family Court, Dehradun in Case No.558/2002, Smt. Nishi Verma and others Vs. Vinod Verma. 2. Sri Ramji Srivastava, Adv. for the revisionist, Sri M.A. Khan, Brief Holder for the State/Respondent No.1 and Sri Pawan Mishra, Adv. for Respondent Nos.2 to 7 are present. Perused the entire material available in file. 3. In brief the facts of case are that Respondent No.2- Smt. Nishi Verma moved an application u/s 125 of Cr.P.C. for maintenance of herself and her children (respondent nos.3 to 5) against the revisionist. On that application, learned Judicial Magistrate-II, Dehradun vide his judgment and order dated 4.1.2001 directed the revisionist to pay Rs.500/- per month to respondent no.2 and Rs.500/- per month each to respondent nos.3 to 5, in total Rs.2,000/- per month by the 10th of each month, from the date of application i.e. 15.9.1998. The arrears were also directed to be paid within six months. Thereafter, on 17.7.2002, respondent no.2 moved an application u/s 127 of Cr.P.C. before Family Court, Dehradun with a prayer to enhance the maintenance amount from Rs.500/- per month to Rs.1,500/- per month each for maintenance of respondent nos.2 to 5. The said application was allowed by the order learned Principal Judge, Family Court, Dehradun vide his judgment and order dated 3.1.2008 and the amount of maintenance was enhanced to Rs.700/- per month each from Rs.500/- per month each. Against the aforesaid judgment and order dated 3.1.2008, the revisionist- husband has come up in revision before this Court. 4. During the course of arguments, Sri Ramji Srivastava, learned counsel for the revisionist and Sri Pawan Mishra, learned counsel for respondent nos.2 to 5, both of them jointly prayed that the present revision may be disposed of with a direction that the revisionist will continue to pay Rs.700/-per month each to respondent nos.2 to 5, from the date of order. However, with regard to the arrears from the date of application up till the date of order, 50% thereof may be directed to be paid by the revisionist within six months in equal monthly installments and rest of the amount of 50% of arrears may be set aside. 5. In view of the above-said agreement between both the parties, the present revision is disposed of with a direction to the revisionist to pay Rs.700/-per month each to respondent nos.2 to 5, from the date of order passed by court below i.e. 3.1.2008. However, the arrears from the date of application up till the date of order, 50% thereof shall be paid by the revisionist within six months in equal monthly installments. Rest of the 50% of arrears is hereby set aside. (Dharam Veer, J.) 17.11.2008 Rdang