Court No. - 79
Case :- APPLICATION U/S 482 No. - 43083 of 2019 Applicant :- Anurag Prashant Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Abhai Kumar Singh,Awadhesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit 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 by the applicant against the impugned order dated 20.9.2019 passed by the Principal Judge, Family Court, Hapur, by which he has rejected the applicant's application and issued warrant for recovery/NBW maintenance payable by the applicant to the opposite party no. 2.
Learned counsel for the applicant submitted that there is matrimonial litigation with opposite party no. 2 and he is ready to pay the amount, which he could not be paid due to some hardship as his father was bedridden.
At this stage the learned counsel for the applicant submitted that the applicant has every intention to make payment of the arrears of maintenance to the opposite party no. 2 but his present financial condition is not as such to enable him to pay the entire amount in one stroke so he be permitted to pay the amount of maintenance in instalments.
Learned A.G.A. has opposed the prayer.
After having heard the learned counsel for the parties and perused the impugned order as well as the other material brought on record, I do not find any reason to interfere with the impugned order.
For the aforesaid reasons and considering the peculiar facts and circumstances of the case, I dispose of this application with a direction that the applicant shall pay Rs. 50,000/- to the opposite party no. 2 within a month from today and thereafter he shall pay the rest amount to the opposite party no. 2 within six months, each instalments at the interval of two months, in case the applicant deposits the entire amount payable by him to the opposite party no. 2, no coercive action shall be taken against him.
If the applicant pays the amount of Rs. 50,000/- within one month from today and rest amount as aforesaid directed, the non-bailable warrant issued against him shall be kept in abeyance, if he does not pay the amount as fixed by this Court, the interim protection will have no effect.
Order Date :- 28.11.2019 Faridul