Court No. - 49
Case :- APPLICATION U/S 482 No. - 14758 of 2018 Applicant :- Amar Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Shyam Sunder Upadhyay,Yogesh Dutta Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the orders dated 11.10.2017 and 27.11.2017 whereby recovery warrant and NBW has been issued in Case No. 333 of 2016 (Smt. Murti Devi Vs. Amar Singh), under Section 128 Cr.P.C., pending in the Court of Principal Judge, Family Court, Jalaun at Orai.
Earlier by order dated 20.04.2016, the learned Principal Judge, Family Court, Jalaun at Orai has awarded maintenance allowance @ Rs. 6,000/- per month to the opposite party no. 2 from that date of her application being 23.07.2013.
The aforesaid order was the subject matter of challenge in Matters Under Article 227 No. 7034 of 2016. In that petition, by order dated 16.09.2016 recoveries had been stayed to the extent of 50% of the arrears.
Learned counsel for the applicant submits that initially while the applicant had complied with the aforesaid order and deposited 50% of the arrears and that he was continuing to pay monthly maintenance allowance. Subsequently, default had arisen.
Occasioned by the aforesaid default in payment of maintenance allowance, recovery proceedings have been initiated against the applicant and NBW has also been issued.
In such circumstances, the interim protection granted to the applicant stands vacated in view of the admitted default and the clear language of the aforesaid order dated 16.09.2016.
In view of the above, no interference is warranted at this stage. The present application lacks merit and is accordingly dismissed. Leaving it open to the applicant to seek such remedy as may be available to him in the above petition under Article 227.
Order Date :- 30.4.2018 A. Singh