Heard learned counsel for the petitioner and learned A.G.A. for the state respondents.
The present writ petition under Article 226 of the Constitution of India has been filed for quashing the order dated 31.07.2008 and 27.03.2010, passed by Metropolitan Magistrate, Court No. 10, Kanpur Nagar and the Additional District Judge, Court No. 13, Kanpur Nagar respectively.
It is contended by the learned counsel for the petitioner that on account of some matrimonial dispute between the parties, the respondent no. 2 filed an application under Section 12 of the Protection of Women from Doemstic Violence Act, 2005 as well as an application for maintenance. The petitioner has filed an application under Section 9 of Hindu Marriage Act. The Metropolitan Magistrate, 10th, Kanpur Nagar vide order dated 31.07.2008 directed the petitioner to pay Rs.1500/- per month as maintenance to respondent no.2. Aggrieved by the order dated 31.07.2008, the petitioner filed an appeal before the Additional Sessions Judge, 13th Kanpur Nagar. In appeal, learned Sessions Judge, Kanpur Nagar vide order dated 27.08.2008 reduced the amount of maintenance to Rs.1200/- per month.
Issue notice to opposite party no. 2, returnable within four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The opposite party no. 2 may also file counter affidavit within the said period. As prayed by the learned counsel for the petitioner two weeks thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Till the next date of listing, no coercive steps shall be taken against the petitioner in the aforesaid case.
Order Date :- 14.6.2010 A. Verma