IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 453 of 2005 Ram Awatar …Applicant Versus State of Uttaranchal & another …Respondents Hon’ble B.C. Kandpal, J. By way of this petition under Section 482 Cr.P.C. the petitioner has challenged the order dated 30.5.2005 passed by Judge, Family Court, Haridwar in Misc. Case No. 42 of 2003 Smt. Usha Gupta vs. Ram Awatar under Section 125(3) of Cr.P.C. 2- The facts as emerged out from the record are that a case under Section 125 Cr.P.C. was decided on 26.4.1997 and maintenance allowance was granted in favour of Smt. Usha Gupta at the rate of Rs.400/- per month since 22.11.1994. This amount of maintenance was enhanced to Rs.1500/- per month vide order dated 1.2.2005 in Misc. Case No. 43/2003 under Section 127(1) Cr.P.C. In compliance of the aforesaid order by which the maintenance allowance was enhanced, the husband of the petitioner i.e. Ram Awatar paid only a sum of Rs.25,200/- and he did not pay the remaining balance amount of Rs.30,600/-. The petitioner (husband) has also filed the revision against the order dated 1.2.2005 by which maintenance allowance was enhanced to Rs.1500/- per month under Section 127(1) Cr.P.C. and this Court reduced the amount to Rs.1000/- per month. 2 However, Family Court thereafter issued recovery warrant for balance amount of Rs.30,600/-. Feeling aggrieved by the aforesaid order, the petition has been filed. 3- Heard Sri Bhuwnesh Joshi, Advocate holding brief of Sri Vivek Shukla, learned counsel for the petitioner, Sri S.S. Adhikari, learned A.G.A. for the State/respondent no. 1 and perused the record. 4- It appears from the record that although the petitioner has been paying a sum of Rs.1000/- per month regularly to the wife Smt. Usha Gupta, but the remaining balance amount of Rs.30,600/- has not been paid as yet. Hence, the Family Court has issued the recovery warrant for the same. 5- The counsel for the petitioner has stated that financial capacity of the petitioner is not as such which may permit him to pay the entire amount in one slot. 6- However, keeping in view the submission raised by learned counsel for the petitioner, I direct that the petitioner may deposit the remaining balance amount of Rs.30,600/- in three equal installments i.e. Rs.10,200/- each. The first installment shall be paid by 1st of May, 2010 positively. Thereafter, second and third installments shall be paid by 1st of July, 2010 and 1st of September, 2010 positively, failing which it shall be open for the Judge, Family Court to issue recovery warrant against the petitioner. However, the petitioner shall also continue to pay the maintenance allowance @ Rs.1000/- per month 3 regularly to the wife Smt. Usha Gupta by 10th of each month. 7- With the aforesaid observation, the order dated 30.5.2005 is modified accordingly. 8- The petition filed under Section 482 Cr.P.C. is finally disposed of. (B.C. Kandpal, J.) 27-03-2010 SP