Kalimullah Khan, J.;— Heard learned counsel for the petitioner, learned A.G.A, who has accepted notice on behalf of respondent no.1. 2. Respondent no.2 (Smt. Kiran Singh) claiming herself to be the wife of petitioner (Sanjay Singh) filed an application u/s 125 Cr.P.C. before the court of learned Magistrate for her maintenance. After full contest, learned trial court allowed the said application and directed the petitioner (husband) to pay monthly allowance to his wife (respondent no.2) @ Rs.1,000/- from the date of filing the application for maintenance. The said application was filed on 16.9.2005. Against the judgment and order recorded by trial court, Criminal Revision No.33 of 2009 was preferred by the petitioner before the court of learned Sessions Judge challenging the legality, correctness and propriety of the said order. The criminal revision was transferred to the court of learned Additional Sessions Judge, Court no.1, Sonbhadra. Having heard learned counsel for the parties and after perusal of the record, vide judgment and order dated 21.7.2012, dismissed the criminal revision. Feeling aggrieved, the instant petition has been filed. 3. Learned counsel for the petitioner has submitted that the arrears of maintenance allowance has come up to the tune of Rs.84,000/-, out of which, he has paid Rs.44,000/-. Since, his own financial position is not sound due to an accident in which he sustained grievous injuries and fractures which has resulted him unable to earn much and only meager amount is being earned by him on account of his week physique after the said accident and therefore if one year's time is granted to him to clear the arrears of Rs.40,000/- it may serve the purpose which is expedient in the interest of justice. 4. Considering the overall circumstances attending the case that only Rs.1,000/- per month allowance has been awarded to the wife (respondent no.2) who did not get a single penny since 2005, no useful purpose can be served out in case arrears if cleared forthwith and she is yet to survive only on a meager amount of Rs.1,000/- in future. On the other hand, it is also to be considered that balance amount of Rs.40,000/- may be burdened to the petitioner if he is insisted to pay it forthwith. Therefore, it appears in the fitness of things that arrear amount be allowed to be paid in installments along with maintenance payable onward. 5. Learned A.G.A. also concedes to the proposal.
On the other hand, it is also to be considered that balance amount of Rs.40,000/- may be burdened to the petitioner if he is insisted to pay it forthwith. Therefore, it appears in the fitness of things that arrear amount be allowed to be paid in installments along with maintenance payable onward. 5. Learned A.G.A. also concedes to the proposal. 6. In the result, the instant writ petition stands disposed of with a direction to the petitioner to pay Rs.3,000/- per month out of the balance amount of Rs.40,000/- along with Rs.1,000/- maintenance onward, total Rs.3,000/-plus 1,000/- equal to Rs.4,000/- till the entire amount of arrears is cleared. Thereafter, he is to pay one thousand rupees per month maintenance allowance as per the order of the learned courts below till the said amount is not altered or enhanced u/s 127 Cr.P.C. _____________