Court No. - 65
Case :- CRIMINAL REVISION No. - 2130 of 2019 Revisionist :- Abhimanu Pandey Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Vimlendu Tripathi,Prabhakar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Second Supplementary affidavit filed on behalf of revisionist in the Court today is taken on record.
This revision has been moved on behalf of the revisionist for setting aside the impugned order dated 14.05.2019 passed by Principal Judge, Family Court, Gorakhpur in Criminal Case No.313 of 2017 (Smt. Priyanka Pandey vs. Abhimanyu Pandey), u/s 125 Cr.P.C., District- Gorakhpur, whereby application moved on behalf of opposite party no.2 u/s 125 Cr.P.C. has been allowed and the revisionist has been directed to pay Rs.19,000/- to the wife per month from the date of order as maintenance.
Heard learned counsel for the revisionist and learned A.G.A.
Submission of the counsel for the revisionist is that applicant's son is a mentally challenged boy and is undergoing various kinds of intense treatments. In that regard, counsel has placed reliance upon multiple papers which have been annexed as Annexure No.S.A.-1 alongwith the supplementary affidavit. Submission is that seriousness of his ailment entails enormous expenses. Counsel has also tried to show that after deductions the total income which is left at the disposal of the applicant is much below than the income that has been considered by the Court while passing the order. It was also been emphasized that being eldest son of the family, other family responsibilities have also been attributed to the applicant which also requires multiple expenses. Submission is that all these aspects have not been correctly appreciated while fixing amount of Rs.19,000/- as amount of maintenance which is causing excessive hardship to the applicant and the same is beyond the purse of the applicant. Counsel has also tried to castigate the order of various other grounds.
Contentions raised at the bar require detailed hearing on law and facts both.
Notice on behalf of opposite party No.1 has been accepted by learned AGA.
Issue notice to the opposite party no.2 returnable within four weeks.
Opposite party no.2 may file counter affidavit within three weeks after the service. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period before the appropriate bench.
The operation of impugned order dated 14.05.2019 shall remain stayed provided and with the condition that the applicant will continue to pay the maintenance amount of Rs.10,000/- in place of Rs.19,000/- per month from the date of order during the pendency of this revision and rest of the amount shall remain in abeyance till further orders of the Court.
It is clarified that if the revisionist fails to comply with the aforesaid condition, the interim order of stay passed by this Court shall be deemed to have been vacated automatically.
Order Date :- 28.5.2019 shiv