Court No. - 17
Case :- APPLICATION U/S 482 No. - 1010 of 2019 Applicant :- Ankit Namdev Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
This application has been filed under Section 482 Cr.P.C. for quashing as well as stay on the impugned interim order dated 10.12.2018 passed by learned Principle Judge, Family Court, Bijnour in Criminal Misc. Case No. 740 of 2016 (Smt. Pooja @ Chandni Vs. Ankit Namdev) under Sections 125 Cr.P.C., Police Station-Nazibabad, District-Bijnore.
Learned counsel for the applicant contended that vide order dated 04.12.2018, Family Court, Muzaffar Nagar has directed to the applicant to pay one time Rs. 20,000/- for expenses and Rs. 3,000/- per month as maintenance to the respondent no.2, Smt. Pooja, under Section 24 of Hindu Marriage Act. It was further submitted that a case was also filed by the respondent under Section 125 of Cr.P.C. before the Family Court, Bijnore alongwith prayer for interim maintenance. Learned Family court vide order dated 10.12.2018 directed the applicant to pay Rs. 30,000/- to respondent no. 2, Smt. Pooja, and Rs. 15,000/- to her daughter-Ishani, as an interim maintenance (Total Rs. 45,000/-) within 15 days. It is also contended that income of applicant, Ankit Namdev, is Rs. 4,033/- per month.
The contention advanced by learned counsel for the applicant that there is no cogent finding with regard of the revisionist/applicant in the assessment of the proper of income and the Family Court has granted maintenance in favour of opposite party, which is too much excessive.
Matter requires consideration.
Issue notice to the opposite party no. 2, Smt. Pooja, returnable within two weeks to file counter affidavit and rejoinder affidavit after two weeks.
List thereafter.
In the meantime it is provided that no coercive action shall be taken against the applicant.
However, applicant is directed to pay Rs. 10,000/- as litigation expenses and Rs. 3000/- per month to the minor daughter of respondent no. 2, as maintenance under Section 24 of Hindu Marriage Act and it is also directed that under Section 12 Cr.P.C. applicant pay Rs. 15,000/- to opposite party no. 2, Smt. Pooja, and Rs. 10,000/- as an interim maintenance to her daughter-Ishani within fifteen days from the order of this Court.
It is made clear that in default of payment as stipulated above, the interim order shall stands discharge.
Order Date :- 21.1.2019 Vibha Singh