1 S. B. CRIMINAL MISC. PETITION NO.1477/2008 BHANWAR LAL V. SMT. YASHODA & OTRHERS. DATE OF ORDER ::: 19/11/2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. A.S.Rathore, for Petitioner (s). Petitioner husband – who as per learned Magisterial Court's judgment dated 2.2.06 is directed to pay Rs.4500/- per month as maintenance allowance to respondents – preferring this petition requests that altering order dated 24.9.08 of learned Additional Sessions Judge, the condition of depositing Rs.25,000/- be set aside. According to order, recovery proceeding of above maintenance is ordered to be suspended, provided petitioner pays or deposits Rs.25,000/- within a month. Learned counsel for the petitioner argued that as per order dated 2.2.06, he is directed to pay Rs.4500/- per month to respondents and in revision preferred by him in S. B. Criminal Revision Petition No.202/2006, recovery proceedings vide order dated 7.11.06 were stayed on payment of Rs.20,000/- by him which he paid and as per decision of this petition dated 29.4.08, revision petition is dismissed with liberty to petitioner to approach the Sessions Court. Argued that in petitioner's revision, consequential to above order of 29.5.08 impugned order is according to which operation of order dated 2.2.06 is stayed, but only on payment of Rs.20,000/-. Submitted that as petitioner already paid Rs.20,000/- in compliance of this Court's stay order dated 7.11.06, there was no occasion for directing deposit of any other amount. Also submitted that amount of Rs.1500/- is awarded for maintenance of wife and Rs.1500/- for each sons and if petitioner asked to pay substantial amount, it will result in abnormal hardship to him. Also submitted that sons are major. Considered arguments and perused judgment. Vide order dated 2.2.06, Rs.1500/- each for wife, son and other son are ordered and as 2 such Rs.4500/- per month are payable even from February, 06 till now and only at the rate of Rs.1500/- per month, amount comes to more than Rs.45,000/-. Taking this view of the matter, amount ordered to be deposited is not disproportionately high and further is paid as maintenance, so the petition has no force and the same is dismissed. (C. M. TOTLA), J. scd