Court No. - 81
Case :- APPLICATION U/S 482 No. - 46551 of 2019 Applicant :- Brijpal Giri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemant Sharma,Pushpendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary-Affidavit has been filed by learned counsel for the applicant and the same is taken on record.
Heard Sri Hemant Sharma, learned counsel for the applicant and Sri Suraj Singh, learned Brief Holder for the State.
This Application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned order dated 29.02.2012 passed by the A.C.J.M., Khurja (Bulandshahr) in Maintenance Suit No. 718 of 2018 under Section 125 Cr.P.C.
It is argued by learned counsel for the applicant that vide impugned order dated 29.2.2012, interim maintenane has been ordered to be paid to O.P. No. 2 and her five children at the rate of Rs. 2,000/- per month. It is argued that O.P. No. 2 is living with her parents, thus she is not entitled for the interim maintenance and if the impugned order remains in force then the total arrear accrued till now may be permitted to be paid in easy instalments.
I have gone through the impugned order.
I find that impugned order does not suffer from any infirmity and that by the same, O.P. No. 2 was to be paid Rs. 2,000/- per month for herself and her five children which is petty amount considering that five children and O.P. No. 2 were to meet out their expenses out of the said amount, accordingly, this Application under Section 482 Cr.P.C. deserves to be dismissed and is accordingly dismissed.
However, in case any application is moved by the applicant before the trial court in order to allow the applicant to pay aforesaid amount of arrear in easy installments, the same may be considered by it by giving opportunity to O.P. No. 2 in accordance with law.
With this direction, this Application under Section 482 Cr.P.C. is disposed of.
Order Date :- 18.12.2019 A. Mandhani