Court No. - 64
Case :- APPLICATION U/S 482 No. - 28611 of 2019 Applicant :- Dhanmit @ Dhanni Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved seeking the quashing of impugned order dated 22.5.2019 passed by learned Additional Sessions Judge/F.T.C., Court No.2, Ghaziabad in Case No.259 of 2016 (Smt. Savita vs. Dhanmit @ Dhanni), u/s 125 Cr.P.C. whereby interim maintenance of Rs.4000/- has been awarded to the opposite party No.2 per month from the date of order.
Heard learned counsel for applicant and learned A.G.A. and also perused the record.
Counsel for the applicant has not been able to point out any such illegality, impropriety or incorrectness, much less than any abuse of court's process which may persuade this Court to interfere in the impugned order. The amount as has been fixed by the court below does not appear to be either disproportionate or excessive in these days of high price rise. The interim maintenance is meant to provide for a provisional relief in order to prevent the neglected wives from destitution and vagrancy. Moreover, this amount is an interim measure and the final adjudication is to be done on the basis of complete material and evidence that may be produced during the course of proceedings. The impugned order reflects judicial application of mind. There is absolutely no good ground to allow the application.
The application lacks merit and therefore same stands dismissed.
Order Date :- 25.7.2019 M. Kumar