Court No. - 81
Case :- APPLICATION U/S 482 No. - 46508 of 2019 Applicant :- Amar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Singh,Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rahul Singh, learned counsel for the applicant and Sri Jai Prakash Singh, learned A.G.A. for the State.
This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 29.03.2019 passed by Principal Judge, Family Court, Kasganj in Misc. Case No. 330 of 2015 under Section 127 Cr.P.C., P.S. Kasganj, District, Kasganj.
It is argued by learned counsel for the applicant that earlier an amount of Rs. 500/- was fixed to be paid as maintenance to O.P. No. 2 but same has been enhanced to Rs. 3,000/- by the impugned order dated 29.03.2019, therefore, the same deserves to be set-aside as the applicant does not have resources to make payment of such huge amount of maintenance.
I have gone through the impugned order and find that Rs. 500/- was fixed as maintenance long back and since then money has devaluated considerably, hence Rs. 3,000/- is not considered to be on higher side.
I do not find any infirmity in the impugned order, hence this Application deserves to be dismissed at the admission stage itself.
The amount of arrear which has been accrued against the applicant, the same may be allowed to be given to O.P. No. 2 in easy installment in discretion of the court below provided that such an application is moved with the said prayer.
Order Date :- 17.12.2019 A. Mandhani