Court No. - 49
Case :- APPLICATION U/S 482 No. - 6304 of 2018 Applicant :- Smt Akansha Sharma Opposite Party :- State Of Up And Another Counsel for Applicant :- Sudhir Kumar,Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to challenge the order dated 18.12.2017, by which claim of maintenance allowance @ Rs. 3,000/- per month has been awarded to the applicant.
Learned counsel for the applicant submits that the maintenance allowance so awarded is wholly unadequate and very less. Inasmuch as the monthly income of the opposite party no.2 is Rs. 57,000/- per month which he draws from a reputed corporation. He therefore, submits that the learned court below has erred in awarding meagre monthly maintenance allowance to Rs. 3,000/- per month.
In view of the fact that the application U/s 125 Cr.P.C. is still pending before the court below, no useful purpose would be served in issuance of notice on the present application. It is also states that the application U/s 125 Cr.P.C. has remained pending since 2016.
Considering the aforesaid facts, the instant application is disposed of with a direction that the court below shall proceed to hear and decide the application U/s 125 Cr.P.C. as expeditiously as possible, necessarily within a period of six months from the date of production of a certified copy of this order by the applicant before that court. It is further made clear that the learned court below shall proceed to hear and decide that application strictly in accordance with law and on the basis of material and evidence on record, without being influenced in any manner by the observation made in the order impugned in the present application, especially insofar as the quantification of maintenance is concerned. That exercise shall be made de- novo.
Order Date :- 23.2.2018 Lbm/-