Court No. - 72
Case :- APPLICATION U/S 482 No. - 5941 of 2019 Applicant :- Ayush Awasthi Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Anubhav Chandra Counsel for Opposite Party :- G.A.,Santosh Kumar Shukla
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for the applicant, learned counsel for opposite party No.2 and learned A.G.A. for the State.
This is an application challenging the order dated 14.12.2018 passed by Principal Judge, Family Court, Auraiya in Case No.15 of 2017 (Smt. Aparna vs. Ayush Awasthi), under Sections 125 of Code of Criminal Procedure whereby the interim maintenance under Section 125 Cr.P.C. has been fixed to the extent of amount of Rs.10,000/- per month.
Learned counsel for the applicant submits that currently he is not in service and this fact has not been taken care in the order. The alleged fact of not being in service is of the month November, 2018, however, nothing has been submitted in this regard before the learned trial court.
After considering the facts and circumstance of the case, I do not find any illegality and infirmity in the order dated 14.12.2018 passed by the learned court below, therefore, the present application is rejected.
At last, the parties prayed that the proceedings pending before the trial court may be expedite.
Accordingly, learned court below is directed to take all necessary endeavour to decide the application preferably within a period of one year from the date of production of a certified copy of this order without granting unnecessary adjournment to the parties.
Order Date :- 28.2.2019 Rishabh
(Saurabh Shyam Shamshery, J.)